Social Security and Other Legislation Amendment (Pension Reform and Other 2009 Budget Measures) Act 2009 (Cth)
Contents
[
The Parliament of Australia enacts:
This Act may be cited as the
Social Security and Other Legislation Amendment (Pension Reform and Other 2009 Budget Measures) Act 2009 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 29 June 2009 |
Schedule 1 | 20 September 2009. | 20 September 2009 |
Schedule 2 | The day on which this Act receives the Royal Assent. | 29 June 2009 |
Schedule 3 | 1 January 2010. | 1 January 2010 |
Schedule 4 | 20 September 2009. | 20 September 2009 |
Schedule 5 | Immediately after the commencement of Schedule 1 to the However, if that Schedule does not commence, the provision(s) do not commence at all. | Does not commence |
Schedules 6, 7 and 8 | 20 September 2009. | 20 September 2009 |
Schedule 9 | The day on which this Act receives the Royal Assent. | 29 June 2009 |
Schedule 10, Part 1 | 20 September 2009. | 20 September 2009 |
Schedule 10, Part 2, Division 1 | 20 September 2009. | 20 September 2009 |
Schedule 10, Part 2, Division 2 | 21 September 2009. | 21 September 2009 |
Schedule 11 | The day on which this Act receives the Royal Assent. | 29 June 2009 |
Schedule 12 | 1 July 2010. | 1 July 2010 |
Schedule 13 | 1 July 2009. | 1 July 2009 |
Schedule 14, items 1 and 2 | 30 June 2009. | 30 June 2009 |
Schedule 14 item 3 | 3 July 2009. | 3 July 2009 |
Schedule 14, items 4 and 5 | 30 June 2009. | 30 June 2009 |
Schedule 15 | 20 September 2009. | 20 September 2009 |
Schedule 16 | 1 July 2009. | 1 July 2009 |
Schedule 17 | 20 September 2009. | 20 September 2009 |
Schedule 18 | The day on which this Act receives the Royal Assent. | 29 June 2009 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Add:
(1) This Act has effect as if, on 20 September 2009, each indexed amount of pension MBR that is described in subsection (2) and substituted under subsection 1192(1) (as affected by Division 3, if relevant) for another amount on that day were in turn replaced with an amount equal to the indexed amount plus $1,560.00.
Note: For
pension MBR see item 1 of the table in section 1190.(2) Subsection (1) applies to the amounts of pension MBR specified in the following provisions:
(a) column 3 of each of items 1, 3, 4 and 5 of the table in point 1064‑B1;
(b) column 3 of each of items 1, 3, 4 and 5 of the table in point 1065‑B1;
(c) point 1066‑B1.
Omit “and has not turned 21”, substitute “, has not turned 21 and does not have any dependent children”.
Add:
Note: For
dependent child see section 5.
After “21”, insert “, or of a person who has not turned 21 and has one or more dependent children”.
Add:
Note 3: For
dependent child see section 5.
Insert:
and (c) disability support pension payable to a person who:
(i) is permanently blind; and
(ii) has not turned 21; and
(iii) has one or more dependent children;
Omit “Note:”, substitute “Note 1:”.
Add:
Note 2: For
dependent child see section 5.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply if:
(a) the person is permanently blind; or
(b) the person has one or more dependent children.
Note 1: The rate for a disability support pension payable to a person under 21 who is permanently blind is dealt with in section 1066B.
Note 2: For
dependent child see section 5.Note 3: The rate for a disability support pension payable to a person under 21 who has one or more dependent children is dealt with in section 1064 or 1065.
Omit “and whether the person has a dependent child”.
Repeal the column.
Repeal the heading.
Repeal the column.
Repeal the heading.
Omit “
dependent child and”.
Omit “columns 3A and 3B”, substitute “column 3”.
Insert:
(1A) Subsection (1) does not apply if the person has one or more dependent children.
Note 1: The rate for a disability support pension payable to a person under 21 who has one or more dependent children is dealt with in section 1065.
Note 2: For
dependent child see section 5.
Omit “and whether the person has a dependent child”.
Repeal the column.
Repeal the heading.
Repeal the column.
Repeal the heading.
Omit “
dependent child and”.
Omit “columns 3A and 3B”, substitute “column 3”.
25 Subsection 19D(5) (subparagraph (a)(ii) of the definition of maximum payment rate ) After “21”, insert “, or is under 21 and has one or more dependent children”.
26 Subsection 19D(5) (paragraph (b) of the definition of maximum payment rate ) After “21”, insert “, or is under 21 and has one or more dependent children”.
27 Subsection 19D(5) (paragraph (d) of the definition of maximum payment rate ) Omit “and not blind”, substitute “, is not blind and does not have any dependent children”.
28 Subsection 19D(5) (paragraph (e) of the definition of maximum payment rate ) Omit “and is blind”, substitute “, is blind and does not have any dependent children”.
29 Subsection 1061JU(4) (subparagraph (a)(ii) of the definition of maximum basic rate ) After “21”, insert “, or is under 21 and has one or more dependent children”.
30 Subsection 1061JU(4) (paragraph (b) of the definition of maximum basic rate ) After “21”, insert “, or is under 21 and has one or more dependent children”.
31 Subsection 1061JU(4) (paragraph (d) of the definition of maximum basic rate ) Omit “and not blind”, substitute “, is not blind and does not have any dependent children”.
32 Subsection 1061JU(4) (paragraph (e) of the definition of maximum basic rate ) Omit “and is blind”, substitute “, is blind and does not have any dependent children”.
33 Subsection 1061JU(4) (at the end of the definition of maximum basic rate ) Add:
Note: For
dependent child see section 5.
Add:
(4) Subsections (1), (2) and (3) do not apply if:
(a) the person’s social security payment is disability support pension; and
(b) the person has not turned 21.
Note: The specific requirement for a person who is receiving disability support pension and has not turned 21 is in section 1070F.
Repeal the subsection, substitute:
(1) If:
(a) the person’s social security payment is disability support pension; and
(b) the person has not turned 21; and
(c) the rate of the person’s social security payment is to be calculated in accordance with Pension Rate Calculator A or Pension Rate Calculator D;
the specific requirement applicable to the social security payment is that the person comply with subsection (2) or (3).
Add:
(3) Subsections (1) and (2) do not apply if:
(a) the person’s social security payment is disability support pension; and
(b) the person has not turned 21.
Note: The rate of rent assistance for a person who is receiving disability support pension and has not turned 21 is worked out:
(a) under section 1070N if the person has not turned 18; and
(b) under section 1070P if the person has turned 18.
Repeal the subsection, substitute:
(1) The person’s rate of rent assistance is worked out under this section if:
(a) the person is receiving disability support pension; and
(b) the person has not turned 18; and
(c) the rate of the person’s pension is to be calculated in accordance with Pension Rate Calculator A or Pension Rate Calculator D.
Repeal the subsection, substitute:
(1) The person’s rate of rent assistance is worked out under this section if:
(a) the person is receiving disability support pension; and
(b) the person has turned 18 but has not turned 21; and
(c) the rate of the person’s pension is to be calculated in accordance with Pension Rate Calculator A or Pension Rate Calculator D.
39
Subsection 1188C(5) (definition of threshold ) (table item 3, column 4) Omit “column 4B”, substitute “column 4”.
40
Subsection 1188C(5) (definition of threshold ) (table item 4, column 4) Omit “column 4B”, substitute “column 4”.
After “21”, insert “and has no dependent children”.
Repeal the item.
Omit “column 3B” (wherever occurring), substitute “column 3”.
Repeal the subparagraphs.
Omit “column 3;”, substitute “column 3.”.
Repeal the subparagraphs.
Repeal the items.
Omit “column 3B”, substitute “column 3”.
Omit “column 3B”, substitute “column 3”.
Omit “column 3B”, substitute “column 3”.
Repeal the subsection, substitute:
(8) For the purposes of the definition of
income cut‑out amount in subsection (1), the formula is as follows:where:
maximum basic rate means the amount specified in column 3 of item 1 of the table in point 1064‑B1.
ordinary free area limit means the amount specified in column 3 of item 1 in Table E‑1 in point 1064‑E4.
point 1064‑BA3 amount means the pension supplement amount worked out under point 1064‑BA3 for a person who is not a member of a couple:
(a) whether or not the person for whom the income cut‑out amount is being worked out is a member of a couple; and
(b) whether or not that point applies to the person for whom the income cut‑out amount is being worked out.
Repeal the section, substitute:
Application
(1) This section sets a person’s annual pension rate for the purposes of this Division if the start day for the age pension is on or after 20 September 2009.
Note: See clause 144 of Schedule 1A if the start day is before 20 September 2009.
If person is not permanently blind
(2) If the person is not permanently blind, the person’s
annual pension rate is the rate that would be the person’s provisional annual payment rate under step 11 of the method statement in point 1064‑A1, worked out as at the start day for the age pension, if the maximum payment rate under step 4 of the method statement were the total of:
(a) the person’s maximum basic rate under point 1064‑B1; and
(b) the amount worked out for the person using the table in subsection (4).
If person is permanently blind
(3) If the person is permanently blind, the person’s
annual pension rate is the sum of the following, worked out as at the start day for the age pension:
(a) the person’s maximum basic rate in the table in point 1065‑B1;
(b) the amount worked out for the person using the table in subsection (4).
Amount for paragraphs (2)(b) and (3)(b)
(4) For the purposes of paragraphs (2)(b) and (3)(b), the table is as follows:
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Note 1: For
member of a couple ,partnered ,illness separated couple ,respite care couple andpartnered (partner in gaol) see section 4.Note 2: The amounts are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
Insert:
37. | Pension supplement component for pension bonus | Pension supplement component for pension bonus | [subsection 93H(4)—all amounts] |
Insert:
27. | Pension supplement component for pension bonus | (a) 20 March (b) 20 September | (a) December (b) June | highest June or December quarter before reference quarter (but not earlier than June quarter 2008) | $2.60 |
The amendments made by this Schedule apply for the purposes of working out the rates of social security payments for days on or after 20 September 2009.
Note: After applying those amendments, different rates for some social security payments may be worked out under Schedule 1A to the
Social Security Act 1991 .
Add “See also sections 1196 to 1198 (about Pensioner and Beneficiary Living Cost Index indexation).”.
Add “See also sections 1196 to 1198 (about Pensioner and Beneficiary Living Cost Index indexation).”.
Add “See also sections 1196 to 1198 (about Pensioner and Beneficiary Living Cost Index indexation).”.
Insert:
(aa) the indexation of the maximum basic rates for certain social security pensions using the Pensioner and Beneficiary Living Cost Index; and
After “amount:”, insert “subject to Division 3,”.
After “(The indexed amount”, insert “(including one replaced under Division 3)”.
Insert:
(1) This section applies to the amount (the
starting amount ) referred to in column 2 of item 1 of the table in subsection 1191(1), except to the extent that it covers the maximum basic rate for pension PP (single).(2) If the indexed amount for the starting amount, worked out under section 1192 on an indexation day and disregarding section 1195 and this Division, is less than the living cost amount worked out on that indexation day using the following method statement, then that indexed amount is taken to be an amount equal to that living cost amount:
Method statement Step 1. Use section 1197 to work out the living cost indexation factor on that indexation day.
Step 2. Work out the current figure for the starting amount immediately before that indexation day.
Note: For
current figure see subsection 20(1).
Step 3. Multiply the current figure by the living cost indexation factor: the result is the
provisional living cost amount .Step 4. Use section 1198 to round off the provisional living cost amount: the result is the
living cost amount .
Note: If the indexed amount for the starting amount, worked out under section 1192, is taken to be an amount equal to that living cost amount, there may be a further increase of that replaced indexed amount under section 1195.
(1) Subject to subsections (5) and (6), the living cost indexation factor on an indexation day is:
worked out to 3 decimal places.
Definitions
(2) For the purposes of this section, the
living cost index number , in relation to a quarter, is the All Groups Pensioner and Beneficiary Living Cost Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in respect of that quarter.(3) For the purposes of this section, the
reference quarter is:
(a) if the indexation day is a 20 March—the most recent December quarter before the indexation day; and
(b) if the indexation day is a 20 September—the most recent June quarter before the indexation day.
(4) For the purposes of this section, the
base quarter is the June or December quarter that:
(a) is a quarter before the reference quarter; and
(b) has the highest living cost index number.
Rounding
(5) If a living cost indexation factor worked out under subsection (1) would, if it were worked out to 4 decimal places, end in a number that is greater than 4, that indexation factor is to be increased by 0.001.
(6) If a living cost indexation factor worked out under subsections (1) and (5) would be less than 1, that indexation factor is to be increased to 1.
Publication of substituted living cost index numbers
(7) Subject to subsection (8), if at any time (whether before or after the commencement of this section) the Australian Statistician publishes a living cost index number for a quarter in substitution for a living cost index number previously published by the Australian Statistician for that quarter, the publication of the later living cost index number is to be disregarded for the purposes of this section.
Change to reference base
(8) If at any time (whether before or after the commencement of this section) the Australian Statistician changes the reference base for the Pensioner and Beneficiary Living Cost Index, regard is to be had, for the purposes of applying this section after the change takes place, only to living cost index numbers published in terms of the new reference base.
(1) If a provisional living cost amount is a multiple of $2.60, the provisional living cost amount becomes the living cost amount.
(2) Subject to subsection (3), if a provisional living cost amount is not a multiple of $2.60, the living cost amount is the provisional living cost amount rounded up or down to the nearest multiple of $2.60.
(3) If a provisional living cost amount is not a multiple of $2.60 but is a multiple of $1.30, the living cost amount is the provisional living cost amount rounded up to the nearest multiple of $2.60.
Repeal the note, substitute:
Note 2: The maximum basic rates are adjusted 6 monthly: see sections 1191 to 1198A.
Repeal the note, substitute:
Note 2: The maximum basic rates are adjusted 6 monthly: see sections 1191 to 1198A.
Repeal the note, substitute:
Note: The maximum basic rate is adjusted 6 monthly: see section 1198A.
After “social security pension”, insert “payable to a person who is partnered or for pension PP (single)”.
Omit:
[Pension Rate Calculator A—point 1064‑B1—Table B—column 3—all amounts]
[Pension Rate Calculator B—point 1065‑B1—Table B—column 3—all amounts]
[Pension Rate Calculator C—point 1066‑B1—the annual rate]
substitute:
[Pension Rate Calculator A—point 1064‑B1—Table B—item 2—column 3]
[Pension Rate Calculator B—point 1065‑B1—Table B—item 2—column 3]
Insert:
1AAA. | Maximum basic rates for a social security pension that are to be worked out by reference to the maximum basic rates for a social security pension payable to a person who is partnered | single pension rate MBR | [Pension Rate Calculator A—point 1064‑B1—Table B—items 1, 3, 4 and 5—column 3] [Pension Rate Calculator B—point 1065‑B1—Table B—items 1, 3, 4 and 5—column 3] [Pension Rate Calculator C—point 1066‑B1—the annual rate] |
Repeal the paragraph, substitute:
(a) a
category A amount is the annual rate specified in point 1068A‑B1; and
Repeal the subsection, substitute:
(2) If:
(a) a category A amount is to be indexed under this Division on an indexation day; and
(b) 25% of the annualised MTAWE figure for whichever of the following quarters is applicable:
(i) if the indexation day is a 20 March—the most recent December quarter;
(ii) if the indexation day is a 20 September—the most recent June quarter;
exceeds the indexed amount for the category A amount;
then:
(c) the indexed amount for the category A amount is to be increased by an amount equal to the excess; and
(d) if the indexed amount for the category A amount (as increased under paragraph (c)) is not a multiple of $2.60, the indexed amount (as increased under paragraph (c)) is to be further increased by rounding up to the next highest multiple of $2.60.
(2A) If:
(a) a category B amount is to be indexed under this Division on an indexation day; and
(b) 50% of the combined couple benchmark for that indexation day exceeds the indexed amount for the category B amount;
then:
(c) the indexed amount for the category B amount is to be increased by an amount equal to the excess; and
(d) if the indexed amount for the category B amount (as increased under paragraph (c)) is not a multiple of $2.60, the indexed amount (as increased under paragraph (c)) is to be further increased by rounding up to the next highest multiple of $2.60.
(2B) For the purposes of this section, the
combined couple benchmark , for an indexation day, is 41.76% of the annualised MTAWE figure for whichever of the following quarters is applicable:
(a) if the indexation day is a 20 March—the most recent December quarter;
(b) if the indexation day is a 20 September—the most recent June quarter.
Insert:
(1) This Act has effect as if, on 20 March (an
indexation day ) and 20 September (anindexation day ) each year, the adjusted single pension amount were substituted for each single pension rate MBR amount (see item 1AAA of the table in section 1190).(2) For the purposes of this section, the adjusted single pension amount is worked out as follows:
Method statement Step 1. Work out the amount substituted for the amount specified in column 3 of item 2 of Table B in point 1064‑B1 on that indexation day under section 1192.
Step 2. Multiply the amount worked out at step 1 by 2.
Step 3. Work out 66.33% of the amount worked out at step 2.
Step 4. Round the amount worked out at step 3 to the nearest multiple of $2.60 (rounding up if necessary): the result is the
adjusted single pension amount .
Insert:
(1) The
combined couple rate of pension supplement is the sum of the following:
(a) 4 times the annual rate of utilities allowance for a person who is a member of a couple (other than an illness separated couple, respite care couple or temporarily separated couple);
(b) twice the annual rate of telephone allowance for a person:
(i) to whom section 1061SB (increased rate for home internet) applies; and
(ii) who is partnered (partner getting pension or benefit, and partner getting telephone allowance at the increased rate);
(c) twice the annual rate of pharmaceutical allowance for a person who is partnered;
(d) twice the pension supplement basic amount for a person who is partnered;
(e) if $525.20 exceeds twice the annual rate of utilities allowance for a person who is a member of a couple (other than an illness separated couple, respite care couple or temporarily separated couple)—the amount of the excess;
rounded up to the nearest multiple of $5.20.
Note 1: This rate is indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
Note 2: This rate is an annual rate.
(2) The
combined couple rate of minimum pension supplement is the sum of the following:
(a) 4 times the annual rate of utilities allowance for a person who is a member of a couple (other than an illness separated couple, respite care couple or temporarily separated couple);
(b) twice the annual rate of telephone allowance for a person:
(i) to whom section 1061SB (increased rate for home internet) applies; and
(ii) who is partnered (partner getting pension or benefit, and partner getting telephone allowance at the increased rate);
rounded up to the nearest multiple of $5.20.
Note 1: This rate is indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
Note 2: This rate is an annual rate.
(3) For the purposes of subsection (1) or (2), a rate mentioned in a paragraph of that subsection is that rate as at 20 September 2009.
Note: Those subsections adopt those rates as indexed on 20 September 2009.
(4) A person’s
minimum pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of minimum pension supplement; and
(b) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (a) is not a multiple of $2.60;
rounding the amount up or down to the nearest multiple of $2.60 (rounding up if the amount is not a multiple of $2.60 but is a multiple of $1.30).
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Note: A person’s minimum pension supplement amount is an annual rate.
(5) A person’s
pension supplement basic amount depends on which family situation in the following table applies to the person. The person’spension supplement basic amount immediately before 20 September 2009 is the corresponding amount set out in the table.
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Note 1: The amount in each item of the table will be indexed on 20 September 2009 in line with any increase in CPI (see subsection 1192(3C)).
Note 2: For the purposes of provisions other than subsection (1), each of those indexed amounts will be further indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
Note 3: A person’s pension supplement basic amount is an annual rate.
(6) The daily rate of
tax‑exempt pension supplement , for a person who is receiving a social security payment calculated for that day using a pension supplement amount, is the amount worked out as follows:
(a) subtract the person’s pension supplement basic amount from:
(i) if the Rate Calculator produces an annual rate—the person’s pension supplement amount; or
(ii) if the Rate Calculator produces a fortnightly rate—26 times the person’s pension supplement amount;
(b) divide the result of paragraph (a) by 364.
Note: The portion of the person’s social security payment equal to the tax‑exempt pension supplement is exempt from income tax (see sections 52‑10 and 52‑15 of the
Income Tax Assessment Act 1997 ).
Repeal the step.
Omit “, 2”.
Repeal the Module, substitute:
Pension supplement
1064‑BA1 A pension supplement amount is to be added to the person’s maximum basic rate.
Residents in Australia etc.
1064‑BA2 If the person is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks;
the person’s pension supplement amount is:
(c) if an election by the person under subsection 1061VA(1) is in force—the amount worked out under point 1064‑BA4; and
(d) otherwise—the amount worked out under point 1064‑BA3.
Residents in Australia etc.—no election in force
1064‑BA3 The person’s pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and
(b) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (a) is not a multiple of $2.60;
rounding the amount up or down to the nearest multiple of $2.60 (rounding up if the amount is not a multiple of $2.60 but is a multiple of $1.30).
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Note: For
combined couple rate of pension supplement , see subsection 20A(1).
Residents in Australia etc.—election in force
1064‑BA4 The person’s pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1064‑BA3 as if the election were not in force;
(b) from that amount, subtract the person’s minimum pension supplement amount.
Persons absent from Australia for more than 13 weeks 1064‑BA5 If the person is not covered by point 1064‑BA2, the person’s pension supplement amount is the person’s pension supplement basic amount.
Repeal the Module.
Repeal the step.
Omit “, 2A and 3”, substitute: “and 2A”.
Repeal the Module, substitute:
Pension supplement
1065‑BA1 A pension supplement amount is to be added to the person’s maximum basic rate.
Residents in Australia etc.
1065‑BA2 If the person is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks;
the person’s pension supplement amount is:
(c) if an election by the person under subsection 1061VA(1) is in force—the amount worked out under point 1065‑BA4; and
(d) otherwise—the amount worked out under point 1065‑BA3.
Residents in Australia etc.—no election in force
1065‑BA3 The person’s pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and
(b) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (a) is not a multiple of $2.60;
rounding the amount up or down to the nearest multiple of $2.60 (rounding up if the amount is not a multiple of $2.60 but is a multiple of $1.30).
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Note: For
combined couple rate of pension supplement , see subsection 20A(1).
Residents in Australia etc.—election in force
1065‑BA4 The person’s pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1065‑BA3 as if the election were not in force;
(b) from that amount, subtract the person’s minimum pension supplement amount.
Persons absent from Australia for more than 13 weeks 1065‑BA5 If the person is not covered by point 1065‑BA2, the person’s pension supplement amount is the person’s pension supplement basic amount.
Repeal the Module.
Repeal the step.
Omit “, 2”.
Repeal the Module, substitute:
Pension supplement
1066‑BA1 A pension supplement amount is to be added to the person’s maximum basic rate.
Residents in Australia etc.
1066‑BA2 If the person is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks;
the person’s pension supplement amount is:
(c) if an election by the person under subsection 1061VA(1) is in force—the amount worked out under point 1066‑BA4; and
(d) otherwise—the amount worked out under point 1066‑BA3.
Residents in Australia etc.—no election in force
1066‑BA3 The person’s pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and
(b) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (a) is not a multiple of $2.60;
rounding the amount up or down to the nearest multiple of $2.60 (rounding up if the amount is not a multiple of $2.60 but is a multiple of $1.30).
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Note: For
combined couple rate of pension supplement , see subsection 20A(1).
Residents in Australia etc.—election in force
1066‑BA4 The person’s pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1066‑BA3 as if the election were not in force;
(b) from that amount, subtract the person’s minimum pension supplement amount.
Persons absent from Australia for more than 13 weeks 1066‑BA5 If the person is not covered by point 1066‑BA2, the person’s pension supplement amount is the person’s pension supplement basic amount.
Repeal the Module.
Repeal the notes, substitute:
Note: A person’s maximum basic rate under Module B of the Pension PP (Single) Rate Calculator is indexed 6 monthly in line with increases in Male Total Average Weekly Earnings (see section 1195).
After the step, insert:
Step 1A. Work out the pension supplement amount (if any) using Module BA below.
After “1,”, insert “1A,”.
Insert:
Pension supplement
1067L‑BA1 A pension supplement amount is to be added to the person’s maximum basic rate if the person is residing in Australia, has reached pension age and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
1067L‑BA2 The person’s pension supplement amount is:
(a) if an election by the person under subsection 1061VA(1) is in force—the amount worked out under point 1067L‑BA4; and
(b) otherwise—the amount worked out under point 1067L‑BA3.
Amount if no election in force
1067L‑BA3 The person’s pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and
(b) dividing the result by 26; and
(c) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (b) is not a multiple of 10 cents;
rounding the amount up or down to the nearest multiple of 10 cents (rounding up if the amount is not a multiple of 10 cents but is a multiple of 5 cents).
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Note: For
combined couple rate of pension supplement , see subsection 20A(1).
Amount if election in force
1067L‑BA4 The person’s pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1067L‑BA3 as if the election were not in force;
(b) from that amount, subtract 1/26 of the person’s minimum pension supplement amount.
Omit “point 1067L‑C2”, substitute “points 1067L‑C1A and 1067L‑C2”.
Insert:
No pharmaceutical allowance if person receiving pension supplement
1067L‑C1A Pharmaceutical allowance is not to be added to a person’s maximum basic rate if a pension supplement amount has been added to that rate.
After the step, insert:
Step 1A. Work out the pension supplement amount (if any) using Module BA below.
Repeal the notes, substitute:
Note: A person’s maximum basic rate under Module B of the Pension PP (Single) Rate Calculator is indexed 6 monthly in line with increases in Male Total Average Weekly Earnings (see section 1195).
Insert:
Pension supplement
1068‑BA1 A pension supplement amount is to be added to the person’s maximum basic rate if the person is residing in Australia, has reached pension age and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
1068‑BA2 The person’s pension supplement amount is:
(a) if an election by the person under subsection 1061VA(1) is in force—the amount worked out under point 1068‑BA4; and
(b) otherwise—the amount worked out under point 1068‑BA3.
Amount if no election in force
1068‑BA3 The person’s pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and
(b) dividing the result by 26; and
(c) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (b) is not a multiple of 10 cents;
rounding the amount up or down to the nearest multiple of 10 cents (rounding up if the amount is not a multiple of 10 cents but is a multiple of 5 cents).
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Note: For
combined couple rate of pension supplement , see subsection 20A(1).
Amount if election in force
1068‑BA4 The person’s pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1068‑BA3 as if the election were not in force;
(b) from that amount, subtract 1/26 of the person’s minimum pension supplement amount.
Before “1068‑D4”, insert “1068‑D3A,”.
Insert:
No pharmaceutical allowance if person receiving pension supplement
1068‑D3A Pharmaceutical allowance is not to be added to a person’s maximum basic rate if a pension supplement amount has been added to that rate.
Repeal the Module, substitute:
Pension supplement
1068A‑BA1 A pension supplement amount is to be added to the person’s maximum basic rate.
Residents of pension age who are in Australia etc.
1068A‑BA2 If the person is residing in Australia, has reached pension age and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks;
the person’s pension supplement amount is:
(c) if an election by the person under subsection 1061VA(1) is in force—the amount worked out under point 1068A‑BA4; and
(d) otherwise—the amount worked out under point 1068A‑BA3.
Residents of pension age in Australia etc.—no election in force
1068A‑BA3 The person’s pension supplement amount is the amount worked out by:
(a) working out 66.33% of the combined couple rate of pension supplement; and
(b) if the result is not a multiple of $2.60, rounding the result up or down to the nearest multiple of $2.60 (rounding up if the result is not a multiple of $2.60 but is a multiple of $1.30).
Note: For
combined couple rate of pension supplement , see subsection 20A(1).
Residents of pension age in Australia etc.—election in force
1068A‑BA4 The person’s pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1068A‑BA3 as if the election were not in force;
(b) from that amount, subtract the person’s minimum pension supplement amount.
Other persons
1068A‑BA5 If the person is not covered by point 1068A‑BA2, the person’s pension supplement amount is the person’s pension supplement basic amount.
Before “1068A‑C2”, insert “1068A‑C1A,”.
Insert:
No pharmaceutical allowance if person has reached pension age
1068A‑C1A Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person has reached pension age.
After the step, insert:
Step 2A. Work out the pension supplement amount (if any) using Module DA below.
After the step, insert:
Step 2A. Work out the pension supplement amount (if any) using Module DA below.
Insert:
Pension supplement
1068B‑DA1 A pension supplement amount is to be added to the person’s maximum basic rate if the person is residing in Australia, has reached pension age and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
1068B‑DA2 The person’s pension supplement amount is:
(a) if an election by the person under subsection 1061VA(1) is in force—the amount worked out under point 1068B‑DA4; and
(b) otherwise—the amount worked out under point 1068B‑DA3.
Amount if no election in force
1068B‑DA3 The person’s pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and
(b) dividing the result by 26; and
(c) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (b) is not a multiple of 10 cents;
rounding the amount up or down to the nearest multiple of 10 cents (rounding up if the amount is not a multiple of 10 cents but is a multiple of 5 cents).
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Note: For
combined couple rate of pension supplement , see subsection 20A(1).
Amount if election in force
1068B‑DA4 The person’s pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1068B‑DA3 as if the election were not in force;
(b) from that amount, subtract 1/26 of the person’s minimum pension supplement amount.
Before “1068B‑E2”, insert “1068B‑E1A,”.
Insert:
No pharmaceutical allowance if person receiving pension supplement
1068B‑E1A Pharmaceutical allowance is not to be added to a person’s maximum basic rate if a pension supplement amount has been added to that rate.
Repeal the Part, substitute:
A person is qualified for seniors supplement if the person is the holder of a seniors health card.
(1) Seniors supplement is payable to a person in relation to each day on which the person is qualified for the supplement.
(2) However, seniors supplement is not payable to the person in relation to a day if:
(a) before that day:
(i) the person had elected not to be covered by this Part; and
(ii) that election had not been withdrawn; or
(b) subsection 55(5) (failing to nominate a bank account) of the Administration Act applies to the person.
(1) The person’s annual rate of seniors supplement is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of minimum pension supplement; and
(b) if:
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (a) is not a multiple of $2.60;
rounding the amount up or down to the nearest multiple of $2.60 (rounding up if the amount is not a multiple of $2.60 but is a multiple of $1.30).
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Note: For
combined couple rate of minimum pension supplement , see subsection 20A(2).
(2) The person’s daily rate of seniors supplement is worked out by dividing the person’s annual rate by 364.
(1) This Part applies to a person if:
(a) a pension supplement amount is used to work out the rate of the person’s social security payment (the
main payment ); and(b) the annual rate of that pension supplement amount is more than the person’s pension supplement basic amount.
Note: A pension supplement amount that is more than the person’s pension supplement basic amount contains a minimum component. The person may elect under this Part to receive that minimum component on a quarterly basis as a separate social security payment.
(2) For the purposes of paragraph (1)(b), if the Rate Calculator for the main payment produces a fortnightly rate, then multiply the person’s pension supplement amount by 26 to get the annual rate of that pension supplement amount.
(3) For the purposes of subsection (1), it does not matter if the rate of the person’s main payment would become nil were an election by the person under subsection 1061VA(1) to come into force.
(1) The person may, in a manner or way approved by the Secretary, make an election to receive the person’s minimum pension supplement amount on a quarterly basis as a separate social security payment.
(2) An election comes into force as soon as practicable after it is made.
(3) The person may, in a manner or way approved by the Secretary, revoke an election. A revocation takes effect as soon as practicable after it happens.
(4) Quarterly pension supplement is payable to the person in relation to each day on which an election is in force.
(1) The person’s annual rate of quarterly pension supplement is the person’s minimum pension supplement amount.
(2) The person’s daily rate of quarterly pension supplement is worked out by dividing the person’s annual rate by 364.
(3) This section has effect subject to subsection 1210(3).
Repeal the section, substitute:
(1) Seniors supplement is to be paid by instalments.
(2) An instalment of seniors supplement is to be paid to a person as soon as is reasonably practicable on or after the first seniors supplement test day (the
current test day ) that follows a day on which the person is qualified for seniors supplement.(3) The amount of the instalment is worked out by multiplying the person’s daily rate of seniors supplement by the number of days during the test period on which the person was qualified for seniors supplement.
(4) In this section:
seniors supplement test day means:
(a) 20 March; or
(b) 20 June; or
(c) 20 September; or
(d) 20 December.
test period means the period:
(a) starting on the most recent supplement test day before the current test day; and
(b) ending on the day immediately before the current test day.
(1) Quarterly pension supplement is to be paid by instalments.
(2) An instalment of quarterly pension supplement is to be paid to a person as soon as is reasonably practicable on or after the first supplement test day (the
current test day ) that follows a day on which an election by the person under subsection 1061VA(1) is in force.(3) The amount of the instalment is worked out as follows:
Method statement
Step 1. Divide the person’s annual rate of quarterly pension supplement by 4.
Step 2. Multiply the person’s daily rate of quarterly pension supplement by the number of days (if any) during the test period for which an election by the person under subsection 1061VA(1) was not in force.
Step 3. Multiply the person’s daily rate of quarterly pension supplement by the number of days (if any) during the test period:
(a) on which the person was qualified for seniors supplement; and
(b) for which an election by the person under subsection 1061VA(1) was in force.
Step 4. From the result of step 1, subtract the results of steps 2 and 3.
(4) In this section:
supplement test day means:
(a) 20 March; or
(b) 20 June; or
(c) 20 September; or
(d) 20 December.
test period means the period:
(a) starting on the most recent supplement test day before the current test day; and
(b) ending on the day immediately before the current test day.
Repeal the item, substitute:
22B.1 | Exempt | Exempt | Not applicable | Not applicable | |
22C.1 | Exempt | Exempt | Not applicable | Not applicable |
Repeal the table, substitute:
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| (a) so much of the payment as is included by way of rent assistance; and (b) so much of the payment as is included by way of remote area allowance; and (c) so much of the payment as is included by way of pharmaceutical allowance; and (d) so much of the payment as is included by way of language, literacy and numeracy supplement; and (e) so much of the payment as is included by way of tax‑exempt pension supplement |
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| (a) so much of the payment as is included by way of rent assistance; and (b) so much of the payment as is included by way of remote area allowance; and (c) so much of the payment as is included by way of pharmaceutical allowance; and (d) so much of the payment as is included by way of tax‑exempt pension supplement |
Omit “rental assistance”, substitute “rent assistance”.
Repeal the item, substitute:
22B | Seniors supplement | Part 2.25B | Not applicable | Not applicable |
22C | Quarterly pension supplement | Part 2.25C | Not applicable | Not applicable |
Omit “rental assistance”, substitute “rent assistance”.
Omit “rental assistance”, substitute “rent assistance”.
Insert:
combined couple rate of minimum pension supplement has the meaning given by subsection 20A(2).
Insert:
combined couple rate of pension supplement has the meaning given by subsection 20A(1).
Insert:
minimum pension supplement amount has the meaning given by subsection 20A(4).
Insert:
pension supplement amount , for a person, means the amount added under the pension supplement Module (if any) of the Rate Calculator when working out the rate of the person’s social security payment.
Insert:
pension supplement basic amount has the meaning given by subsection 20A(5).
Insert:
quarterly pension supplement means the separate social security payment described in subsection 1061VA(1).
47
Subsection 23(1) (definition of seniors concession allowance ) Repeal the definition.
Insert:
seniors supplement means seniors supplement under Part 2.25B.
Insert:
tax‑exempt pension supplement has the meaning given by subsection 20A(6).
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans’ Entitlements Act.
Omit “point 1065‑BA2”, substitute “Module BA of Pension Rate Calculator B”.
Omit “point 1064‑BA2”, substitute “Module BA of Pension Rate Calculator A”.
Omit “point 1065‑BA2”, substitute “Module BA of Pension Rate Calculator B”.
Omit “point 1064‑BA2”, substitute “Module BA of Pension Rate Calculator A”.
Omit “point 1065‑BA2”, substitute “Module BA of Pension Rate Calculator B”.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans’ Entitlements Act.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans’ Entitlements Act.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans’ Entitlements Act.
59
Subsection 236A(3) (definition of pension supplement ) Omit “point 1064‑BA2”, substitute “Module BA of Pension Rate Calculator A”.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans’ Entitlements Act.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans’ Entitlements Act.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans’ Entitlements Act.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans’ Entitlements Act.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans’ Entitlements Act.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans’ Entitlements Act.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans’ Entitlements Act.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans’ Entitlements Act.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law or Division 2 of Part VIIA of the Veterans’ Entitlements Act.
Add:
(3) Even though a person is qualified for an advance pharmaceutical allowance, the allowance is not payable to the person if pharmaceutical allowance is not used to work out the rate of the person’s social security pension.
Insert:
(aa) if the person is receiving a social security payment for which a pension supplement amount is used to work out the rate of the payment, with a pension supplement amount that is more than the person’s pension supplement basic amount; or
(ab) if the person is receiving seniors supplement; or
(ac) if an election by the person under subsection 1061VA(1) is in force; or
Before “A”, insert “(1)”.
Add:
(2) Even though a person is qualified for utilities allowance, the allowance is not payable to the person:
(a) if the person is receiving a social security payment for which a pension supplement amount is used to work out the rate of the payment, with a pension supplement amount that is more than the person’s pension supplement basic amount; or
(b) if the person is receiving seniors supplement; or
(c) if an election by the person under subsection 1061VA(1) is in force.
Repeal the paragraph, substitute:
(b) seniors concession allowance under the Veterans’ Entitlements Act is payable in relation to that day; or
After “because”, insert “an election by the person under subsection 1061VA(1) is in force, or merely because”.
After “because”, insert “an election by the person under subsection 1061VA(1) is in force, or merely because”.
After “because”, insert “an election by the person under subsection 1061VA(1) is in force, or merely because”.
After “because”, insert “an election by the person under subsection 1061VA(1) is in force, or merely because”.
After “because”, insert “an election by the person under subsection 1061VA(1) is in force, or merely because”.
After “because”, insert “an election by the person under subsection 1061VA(1) is in force, or merely because”.
Omit “point 1064‑BA2” (wherever occurring), substitute “Pension Rate Calculator A”.
Omit “point 1064‑BA2” (wherever occurring), substitute “Pension Rate Calculator A”.
Repeal the item, substitute:
1AA | Combined couple rate of pension supplement | PS rate | [subsection 20A(1)] |
1AB | Combined couple rate of minimum pension supplement | PS minimum rate | [subsection 20A(2)] |
1AC | Pension supplement basic amount | PS basic rate | [each item of the table in subsection 20A(5)] |
Repeal the item, substitute:
44 | Rate of pharmaceutical allowance for a person who is receiving a social security pension and is not a member of a couple | Pension PA “single” rate | [Pension Rate Calculator D—point 1066A‑D8—Table—column 3—item 1] [Pension Rate Calculator E—point 1066B‑D8—Table—column 3—item 1] [Pension PP (Single) Rate Calculator—point 1068A‑C7] |
Repeal the item, substitute:
46 | Rate of pharmaceutical allowance for a person who is receiving a social security pension and has a partner | Pension PA “partnered” (item 2) rate | [Pension Rate Calculator D—point 1066A‑D8—Table—column 3—item 2] [Pension Rate Calculator E—point 1066B‑D8—Table—column 3—item 2] |
Repeal the item, substitute:
48 | Rate of pharmaceutical allowance for a person who is receiving a social security pension and is a member of an illness separated or respite care couple | Pension PA “illness separated or respite care” rate | [Pension Rate Calculator D—point 1066A‑D8—Table—column 3—items 3 and 4] [Pension Rate Calculator E—point 1066B‑D8—Table—column 3—items 3 and 4] |
Repeal the items, substitute:
49A | Rate of pharmaceutical allowance for a person who is receiving a social security pension and has a partner who is getting a service pension | Pension PA “partnered” (item 4) rate | [Pension Rate Calculator D—point 1066A‑D8—Table—column 3—item 4] [Pension Rate Calculator E—point 1066B‑D8—Table—column 3—item 4] |
49B | Rate of pharmaceutical allowance for a person who is receiving a social security benefit and has a partner who is getting a service pension | Pension PA “partnered” (item 6) rate | [Pension Rate Calculator D—point 1066A‑D8—Table—column 3—item 6] [Pension Rate Calculator E—point 1066B‑D8—Table—column 3—item 6] |
Repeal the item.
Add:
Note: Indexing the PS minimum rate will also result in the indexation of the rate of seniors supplement (see section 1061UB) and the rate of quarterly pension supplement (see section 1061VB).
Repeal the item, substitute:
1A | PS rate | (a) 20 March (b) 20 September | (a) December (b) June | highest June or December quarter before reference quarter (but not earlier than June quarter 2009) | $5.20 |
1B | PS minimum rate | (a) 20 March (b) 20 September | (a) December (b) June | highest June or December quarter before reference quarter (but not earlier than June quarter 2009) | $5.20 |
1C | PS basic rate | (a) 20 March (b) 20 September | (a) December (b) June | highest June or December quarter before reference quarter (but not earlier than December quarter 2008) | $2.60 |
Repeal the item.
Insert:
(3B) The first indexation of amounts under items 1A and 1B of the CPI Indexation Table in subsection 1191(1) is to take place on 20 March 2010.
(3C) For the purposes of the first indexation of an amount under item 1C of the CPI Indexation Table in subsection 1191(1):
(a) that first indexation is to take place on 20 September 2009; and
(b) the current figure for the amount immediately before 20 September 2009 is taken to be the amount specified in the relevant item of the table in subsection 20A(5).
Repeal the subsection.
Repeal the section, substitute:
(1) If:
(a) the rate of a person’s social security payment is increased under Part 3.7 (rent assistance) and/or either of the following Modules of the Rate Calculator:
(i) the pension supplement Module (the
PS Module ) (if any);(ii) the pharmaceutical allowance Module (the
PA Module ) (if any); and(b) that rate is to be reduced under:
(i) the income test Module or the assets test Module of the Rate Calculator; or
(ii) section 1168 (compensation reductions);
the reduction is to be applied as follows (in descending order):
1 | all of the rate apart from any increase mentioned in paragraph (a) |
2 | the portion of the person’s pension supplement amount (if any) equal to:
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3 |
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4 | the amount of any increase under Part 3.7 |
5 | the person’s minimum pension supplement amount |
6 | the amount of any increase under the PA Module |
Note: Table item (5) will not apply if an election by the person under subsection 1061VA(1) is in force, as the rate would have already been reduced to nil.
(2) For the purposes of subsection (1):
(a) disregard table items 2, 3 and 5 if the person’s rate is increased under the PA Module (if any) of the Rate Calculator; and
(b) disregard table item 6 if the person’s rate is increased under the PS Module (if any) of the Rate Calculator.
(3) If:
(a) the rate (the
main rate ) of a person’s social security payment is increased under the PS Module of the Rate Calculator; and(b) that rate is to be reduced as described in paragraph (1)(b); and
(c) an election by the person under subsection 1061VA(1) is in force;
the person’s quarterly pension supplement is reduced to the same extent (if any) that the component of the main rate that would correspond to the person’s minimum pension supplement amount would be reduced under subsection (1) were the election not in force.
Note: The reduction will be disregarded unless the person’s quarterly pension supplement is reduced to nil (see subsection 43(5A) of the Administration Act).
(4) The following table sets out details of the Modules relevant to subsection (1):
1 | Pension Rate Calculator A (section 1064) | Module BA | not applicable | Module E | Module G |
2 | Pension Rate Calculator C (section 1066) | Module BA | not applicable | Module E | Module G |
3 | Pension Rate Calculator D (section 1066A) | not applicable | Module D | Module F | Module H |
4 | Youth Allowance Rate Calculator (section 1067G) | not applicable | Module C | Module H | not applicable |
5 | Austudy Payment Rate Calculator (section 1067L) | Module BA | Module C | Module D | not applicable |
6 | Benefit Rate Calculator B (section 1068) | Module BA | Module D | Module G | not applicable |
7 | Pension PP (Single) Rate Calculator (section 1068A) | Module BA | Module C | Module E | not applicable |
8 | Benefit PP (partnered) Rate Calculator (section 1068B) | Module DA | Module E | Module D | not applicable |
Repeal the section, substitute:
A claim is not required for seniors supplement.
A claim is not required for quarterly pension supplement.
Repeal the subsections, substitute:
(4) If:
(a) either of the following amounts (the
added amount ) is added to a person’s maximum basic rate for a particular day in working out the amount of an instalment of a social security payment:
(i) an amount of pharmaceutical allowance;
(ii) a pension supplement amount; and
(b) if the added amount is a pension supplement amount used by the Rate Calculator to produce an annual rate—the pension supplement amount is more than the person’s pension supplement basic amount; and
(c) there is no election by the person under subsection 1061VA(1) in force on that day; and
(d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person’s minimum daily rate, but more than a nil amount;
the amount of that portion of the instalment is to be increased to the person’s minimum daily rate.
(5) In this section:
minimum daily rate , for a person, means:
(a) if the added amount is an amount of pharmaceutical allowance and the Rate Calculator for the social security payment produces a fortnightly rate—1/14 of that amount; or
(b) if the added amount is an amount of pharmaceutical allowance and the Rate Calculator for the social security payment produces an annual rate—1/364 of that amount; or
(c) if the added amount is a pension supplement amount—1/364 of the person’s minimum pension supplement amount.
(5A) If:
(a) an election by the person under subsection 1061VA(1) is in force on a particular day; and
(b) apart from this subsection, the portion of the instalment of the person’s quarterly pension supplement that corresponds to that day would be reduced under subsection 1210(3), but not reduced to a nil amount;
the amount of that portion of the instalment is not to be reduced under subsection 1210(3).
After “48B”, insert “, 48C”.
Omit “seniors concession allowance”, substitute “seniors supplement”.
Omit “seniors concession allowance”, substitute “seniors supplement”.
Omit “seniors concession allowance”, substitute “seniors supplement”.
Omit “seniors concession allowance”, substitute “seniors supplement”.
101
Section 123A (paragraph (e) of the definition of relevant payment ) Omit “seniors concession allowance”, substitute “seniors supplement”.
102
Section 123A (at the end of the definition of relevant payment ) Add:
; or (f) a payment of quarterly pension supplement.
103 Pension supplement amounts—modifications for temporary singles’ rate
(1) For the period:
(a) starting on 20 September 2009; and
(b) ending on 19 March 2010;
the
Social Security Act 1991 (as amended by this Schedule) applies with the modifications set out in subitems (2) to (9).
(2) At the end of section 20A of that Act, add:
(7) The
temporary singles’ amount is worked out as follows:
(a) add up the following:
(i) the annual rate of utilities allowance for a person who is not a member of a couple;
(ii) the annual rate of telephone allowance for a person to whom section 1061SB (increased rate for home internet) applies, and who is not a member of a couple;
(iii) the annual rate of pharmaceutical allowance for a person who is not a member of a couple;
(iv) the pension supplement basic amount for a person who is not a member of a couple;
(v) $130;
(b) round up the result of paragraph (a) to the nearest multiple of $2.60.
(8) For the purposes of subsection (7), a rate mentioned in a paragraph of that subsection is that rate as at 20 September 2009.
(3) Omit point 1064‑BA3 of that Act, substitute:
Residents in Australia etc.—no election in force
1064‑BA3 The person’s pension supplement amount is:
(a) if the person is partnered—50% of the combined couple rate of pension supplement; and
(b) otherwise—the temporary singles’ amount.
Note: For
combined couple rate of pension supplement , see subsection 20A(1).
(4) Omit point 1065‑BA3 of that Act, substitute:
Residents in Australia etc.—no election in force
1065‑BA3 The person’s pension supplement amount is:
(a) if the person is partnered—50% of the combined couple rate of pension supplement; and
(b) otherwise—the temporary singles’ amount.
Note: For
combined couple rate of pension supplement , see subsection 20A(1).
(5) Omit point 1066‑BA3 of that Act, substitute:
Residents in Australia etc.—no election in force
1066‑BA3 The person’s pension supplement amount is:
(a) if the person is partnered—50% of the combined couple rate of pension supplement; and
(b) otherwise—the temporary singles’ amount.
Note: For
combined couple rate of pension supplement , see subsection 20A(1).
(6) Omit point 1067L‑BA3 of that Act, substitute:
Amount if no election in force
1067L‑BA3 The person’s pension supplement amount is:
(a) if the person is partnered—1/26 of 50% of the combined couple rate of pension supplement; and
(b) otherwise—1/26 of the temporary singles’ amount.
Note: For
combined couple rate of pension supplement , see subsection 20A(1).
(7) Omit point 1068‑BA3 of that Act, substitute:
Amount if no election in force
1068‑BA3 The person’s pension supplement amount is:
(a) if the person is partnered—1/26 of 50% of the combined couple rate of pension supplement; and
(b) otherwise—1/26 of the temporary singles’ amount.
Note: For
combined couple rate of pension supplement , see subsection 20A(1).
(8) Omit point 1068A‑BA3 of that Act, substitute:
Residents in Australia etc.—no election in force
1068A‑BA3 The person’s pension supplement amount is the temporary singles’ amount.
(9) Omit point 1068B‑DA3 of that Act, substitute:
Amount if no election in force
1068B‑DA3 The person’s pension supplement amount is:
(a) if the person is partnered—1/26 of 50% of the combined couple rate of pension supplement; and
(b) otherwise—1/26 of the temporary singles’ amount.
Note: For
combined couple rate of pension supplement , see subsection 20A(1).
Despite the repeal of the following provisions by this Schedule:
(a) Part 2.25B of the
Social Security Act 1991 ;(b) section 48B of the
Social Security (Administration) Act 1999 ;those provisions continue to apply in relation to the seniors concession allowance test day on 20 September 2009, as if those repeals had not happened.
Part 2.25C of the
Social Security Act 1991 (as inserted by this Schedule) applies in relation to elections made under subsection 1061VA(1) of that Act (as inserted by this Schedule) on or after 1 July 2010.
Repeal the paragraphs, substitute:
(a) a social security pension (other than a special needs pension), social security benefit or social security entitlement;
(b) seniors supplement;
Insert:
(ea) seniors concession allowance under Part VIIAD of the
Veterans’ Entitlements Act 1986 ;
Repeal the note, substitute:
Note 3: On the indexation days following 1 July 2012, the indexation of certain amounts may be affected by Division 8.
Omit “Note”, substitute “Note 1”.
Add:
Note 2: On the indexation days following 1 July 2012, the indexation of certain amounts may be affected by Division 8.
Repeal the Division, substitute:
(1) The main object of this Division is to increase certain amounts that affect the rate at which social security payments are made to certain recipients of payments of kinds that include the following, on account of the Carbon Pollution Reduction Scheme’s estimated cost of living increase:
(a) age pension;
(b) austudy payment;
(c) bereavement allowance;
(d) carer payment;
(e) disability support pension;
(f) newstart allowance;
(g) parenting payment;
(h) partner allowance;
(i) sickness allowance;
(j) widow allowance;
(k) widow B pension;
(l) wife pension;
(m) youth allowance;
(n) social security payments of kinds specified under section 1206GJ.
(2) Another object of this Division is to adjust indexation of those amounts after they are increased, to reflect the inclusion in the increases of elements brought forward from the Carbon Pollution Reduction Scheme’s estimated cost of living increase.
This Subdivision applies to the following amounts (each of which is a
base amount ):
(a) amounts provided for in a provision that is listed in column 1 of the following table and sets a rate;
(b) amounts specified under section 1206GK as amounts to which this Subdivision applies.
1 | [Austudy Payment Rate Calculator—point 1067L‑B2—Table BA—column 3—all amounts] [Austudy Payment Rate Calculator—point 1067L‑B3] | AP MBR | $0.10 |
2 | [Benefit Rate Calculator B—point 1068‑B1—Table B—column 3—all amounts] | Maximum basic rates for newstart allowance, sickness allowance, partner allowance and widow allowance | $0.10 |
3 | [Benefit PP (Partnered) Rate Calculator—point 1068B‑C2—Table C—column 3—all amounts] | Maximum basic rate for parenting payment—benefit PP (partnered) | $0.10 |
4 | [Youth Allowance Rate Calculator—point 1067G‑B2—Table BA—column 3—all amounts] [Youth Allowance Rate Calculator—point 1067G‑B3—Table BB—column 3—all amounts] [Youth Allowance Rate Calculator—point 1067G‑B4—Table BC—column 3—all amounts] | YA MBR | $0.10 |
Note: Amounts provided for in provisions listed in the table are amounts as altered from time to time under Division 2 of this Part (CPI indexation).
This Act has effect as if, on 1 July 2011, each base amount were replaced by an amount (the
replacement amount ) worked out by:
(a) calculating the amount (the
provisional replacement amount ) that is 1% greater than the base amount; and(b) if the provisional replacement amount is not a multiple of the rounding base for the base amount, rounding up or down to the nearest multiple of the rounding base (rounding up if the provisional replacement amount is not a multiple of the rounding base but is a multiple of half the rounding base).
Note: The 1% increase includes the Carbon Pollution Reduction Scheme’s estimated cost of living increase of 0.4% for the 2011‑2012 financial year, which has been brought forward. The change to the indexation factor on or after 20 March 2012 under section 1206GL takes account of this brought forward increase.
This Act has effect as if, on 1 July 2012, the base amount were replaced by an amount (the
replacement amount ) worked out by:
(a) calculating the amount (the
provisional replacement amount ) that is 1.8% greater than the base amount; and(b) if the provisional replacement amount is not a multiple of the rounding base for the base amount, rounding up or down to the nearest multiple of the rounding base (rounding up if the provisional replacement amount is not a multiple of the rounding base but is a multiple of half the rounding base).
Note: The 1.8% increase includes the Carbon Pollution Reduction Scheme’s estimated cost of living increase of 0.8% for the 2012‑2013 financial year, which has also been brought forward. The change to the indexation factor on or after 20 March 2013 under section 1206GM takes account of this second brought forward increase.
(1) The Minister may, by legislative instrument, specify kinds of social security payments in relation to which this Subdivision applies.
Note: For specification by class, see subsection 13(3) of the
Legislative Instruments Act 2003 .(2) Kinds of social security payments may be specified by reference to either or both of the following:
(a) the persons to whom the payments are to be made;
(b) the circumstances in which the payments are to be made.
(3) Subsection (2) does not limit subsection (1).
(1) The Minister may, by legislative instrument, specify that this Subdivision applies to a specified amount that affects the rate at which a specified kind of social security payment is made.
Before “If”, insert “(1)”.
Add:
(2) This section is subject to section 1218.
The amendments made by this Schedule apply in relation to periods of absences beginning on or after the commencement of this item.
Insert:
(zaa) an amount received under the scheme known as the Western Australian Cost of Living Rebate Scheme, where the amount is received during the financial year beginning on 1 July 2009, 1 July 2010 or 1 July 2011;
(zab) the value of a benefit obtained by using a card known as the Western Australian Country Age Pension Fuel Card, where the use occurs during the financial year beginning on 1 July 2009, 1 July 2010 or 1 July 2011;
Insert:
(zea) an amount received under the scheme known as the Western Australian Cost of Living Rebate Scheme, where the amount is received during the financial year beginning on 1 July 2009, 1 July 2010 or 1 July 2011;
(zeb) the value of a benefit obtained by using a card known as the Western Australian Country Age Pension Fuel Card, where the use occurs during the financial year beginning on 1 July 2009, 1 July 2010 or 1 July 2011;
Omit “This”, substitute “Subject to subsection (1D), this”.
Omit “This”, substitute “Subject to subsection (1E), this”.
Insert:
(1D) If:
(a) a determination covered by subsection (1B) is made in relation to a person; and
(b) the time specified in the determination is on or after 20 September 2009;
subsection (1B) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by omitting “2.5” from subparagraph (i) and substituting “2.25”.
(1E) If:
(a) a determination covered by subsection (1C) is made in relation to a person; and
(b) the applicable time under subsection (2) is on or after 20 September 2009;
subsection (1C) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by omitting “2.5” from subparagraph (i) and substituting “2.25”.
Omit “This”, substitute “Subject to subsection (1D), this”.
Omit “This”, substitute “Subject to subsection (1E), this”.
Insert:
(1D) If:
(a) a determination covered by subsection (1B) is made in relation to a person; and
(b) the time specified in the determination is on or after 20 September 2009;
subsection (1B) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by:
(c) omitting “4” from subparagraph (i) and substituting “3.61”; and
(d) omitting “2.5” from subparagraph (iii) and substituting “2.25”.
(1E) If:
(a) a determination covered by subsection (1C) is made in relation to a person; and
(b) the applicable time under subsection (2) is on or after 20 September 2009;
subsection (1C) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by:
(c) omitting “4” from subparagraph (i) and substituting “3.61”; and
(d) omitting “2.5” from subparagraph (iii) and substituting “2.25”.
7
Subsection 44‑21(3) (income tested reduction calculator, step 4, paragraph (b)) Omit “150%”, substitute “135%”.
Omit “150%”, substitute “135%”.
Repeal the section, substitute:
General rule
(1) The
total assessable income free area for a care recipient (other than a *protected resident or a *phased resident) is the sum of:
(a) the amount worked out by applying point 1064‑B1 of Pension Rate Calculator A at the end of section 1064 of the
Social Security Act 1991 ; and(b) the amount worked out under point 1064‑BA4 of Pension Rate Calculator A at the end of section 1064 of the
Social Security Act 1991 ; and(c) the amount worked out by applying point 1064‑E4 of Pension Rate Calculator A at the end of section 1064 of the
Social Security Act 1991 .
Protected residents
(2) The
total assessable income free area for a care recipient who is a *protected resident is the sum of:
(a) the amount worked out by applying old point 1064‑B1; and
(b) the amounts referred to in paragraphs (1)(b) and (c).
Note:
Old point 1064‑B1 is defined in subsection (6).
Phased residents
(3) The
total assessable income free area for a care recipient who is a *phased resident is:
(a) if the calculation is in respect of the period 20 September 2009 to 19 March 2010 (inclusive)—the sum of:
(i) the amount worked out by applying old point 1064‑B1; and
(ii) the amounts referred to in paragraphs (1)(b) and (c); or
(b) if the calculation is in respect of a period (the
relevant period ) referred to in the table in subsection (5)—the sum of:
(i) the amount worked out by applying old point 1064‑B1; and
(ii) the amount for the relevant period worked out in accordance with subsection (4) (rounded to the nearest cent); and
(iii) the amounts referred to in paragraphs (1)(b) and (c).
(4) For the purposes of subparagraph (3)(b)(ii), the amount for the relevant period is the applicable percentage, for that period, of the amount that is the difference between:
(a) the amount worked out by applying point 1064‑B1 of Pension Rate Calculator A at the end of section 1064 of the
Social Security Act 1991 , as that point has effect in that period; and(b) the amount worked out by applying old point 1064‑B1.
(5) The applicable percentage for a relevant period is as set out in the following table:
1 | 20 March 2010 to 19 September 2010 (inclusive) | 14.3 |
2 | 20 September 2010 to 19 March 2011 (inclusive) | 28.6 |
3 | 20 March 2011 to 19 September 2011 (inclusive) | 42.9 |
4 | 20 September 2011 to 19 March 2012 (inclusive) | 57.2 |
5 | 20 March 2012 to 19 September 2012 (inclusive) | 71.5 |
6 | 20 September 2012 to 19 March 2013 (inclusive) | 85.8 |
Definition
(6) In this section:
old point 1064‑B1 means point 1064‑B1 of Pension Rate Calculator A at the end of section 1064 of theSocial Security Act 1991 , as that point has effect on 19 September 2009.
Add:
; (d) the resident contribution top up supplement (see section 44‑32).
Repeal the paragraph, substitute:
(b) either:
(i) if the time (the
entry time ) of the care recipient’s entry was before 20 September 2009—that accommodation bond exceeded the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 10 times the *basic age pension amount; or(ii) if the time (the
entry time ) of the care recipient’s entry was on or after 20 September 2009—that accommodation bond exceeded the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 9 times the *basic age pension amount;
Add:
(1) The resident contribution top up supplement for the care recipient in respect of the *payment period is the sum of all the resident contribution top up supplements for the days during the period on which:
(a) the care recipient was provided with residential care through the residential care service in question; and
(b) the care recipient was eligible for a resident contribution top up supplement.
(2) The care recipient is eligible for a resident contribution top up supplement on a particular day if the care recipient is a *phased resident on that day.
(3) The resident contribution top up supplement for the care recipient for a particular day is an amount equal to the difference between:
(a) the amount that is the standard resident contribution for a care recipient for that day under subsection 58‑3(1); and
(b) the amount that is the standard resident contribution for a *phased resident for that day under subsection 58‑4(4).
Repeal the subsection, substitute:
(3) A care recipient’s
minimum permissible asset value is:
(a) if the time (the
entry time ) of the care recipient’s *entry to the residential care service or flexible care service is before 20 September 2009:
(i) the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 2.5 times the *basic age pension amount at the entry time; or
(ii) such higher amount as is specified in, or worked out in accordance with, the User Rights Principles; or
(b) if the time (the
entry time ) of the care recipient’s entry to the residential care service or flexible care service is on or after 20 September 2009:
(i) the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 2.25 times the *basic age pension amount at the entry time; or
(ii) such higher amount as is specified in, or worked out in accordance with, the User Rights Principles.
14
Subsection 57‑12(5) (paragraph (a) of table item 1) Omit “paragraphs (1)(b) and (3)(a)”, substitute “paragraph (1)(b) and subsection (3)”.
Omit “58‑4 or 58‑4A”, substitute “58‑3B, 58‑3C or 58‑4”.
Repeal the sections, substitute:
General rule
(1) The
standard resident contribution for a care recipient is the amount obtained by rounding down to the nearest cent an amount equal to 84% of the *basic age pension amount (worked out on a per day basis).
Exceptions
(2) However, the
standard resident contribution for a care recipient who is:
(a) a *protected resident; or
(b) a care recipient to whom section 58‑3C applies; or
(c) a *phased resident;
is the amount referred to in subsection 58‑3B(3), 58‑3C(3) or 58‑4(4) (as the case requires).
Pre‑September 2009 resident
(1) A person is a
pre‑September 2009 resident if:
(a) the person is being provided with residential care through a residential care service; and
(b) either:
(i) the person *entered a residential care service before 20 September 2009; or
(ii) the person was on *pre‑entry leave from a residential care service immediately before 20 September 2009 and the person entered the residential care service on or after 20 September 2009 at the end of that pre‑entry leave; and
(c) the person has not had a break in residential care of more than 28 days between:
(i) the last residential care service through which residential care was provided, or taken to be provided, to the person before 20 September 2009 and the next residential care service through which residential care is provided, or taken to be provided, to the person; and
(ii) any residential care service through which residential care is provided, or taken to be provided, to the person on or after 20 September 2009 and the next residential care service through which residential care is provided, or taken to be provided, to the person.
Post‑September 2009 resident
(2) A person is a
post‑September 2009 resident if:
(a) the person is being provided with residential care through a residential care service; and
(b) the person is not a *pre‑September 2009 resident.
Break in residential care
(3) For the purposes of subsection (1), the period:
(a) beginning on the day on which a person ceases to be provided with residential care through a residential care service (other than because the person is on *leave from the residential care service); and
(b) ending on the day on which the person *enters, or begins *pre‑entry leave, with the next residential care service through which residential care is provided, or taken to be provided, to the person;
is a
break in residential care for the person.
Person not provided with residential care while on respite leave
(4) For the purposes of subsections (1), (2) and (3), a person is not provided, or taken to be provided, with residential care during any period during which the person is being provided with *respite care.
Meaning of protected resident
(1) A care recipient is a
protected resident if:
(a) the care recipient is a *pre‑September 2009 resident; and
(b) the care recipient is not a *pre‑2008 reform resident to whom section 58‑3C applies; and
(c) on 19 September 2009, the care recipient was not receiving an *income support payment.
(2) A care recipient is also a
protected resident if:
(a) the care recipient is a *pre‑September 2009 resident; and
(b) the care recipient is not a *pre‑2008 reform resident to whom section 58‑3C applies; and
(c) on 19 September 2009, the care recipient was receiving an *income support payment; and
(d) the amount determined under paragraph 44‑24(2)(b), (3)(b) or (4)(b) (as the case requires), for the purposes of working out the care recipient’s *total assessable income in respect of 20 September 2009, is equal to or more than the sum of:
(i) the amount worked out by applying point 1064‑E4 of Pension Rate Calculator A at the end of section 1064 of the
Social Security Act 1991 ; and(ii) $5,668.00.
Standard resident contribution
(3) The
standard resident contribution for a care recipient who is a *protected resident is the greater of the following:
(a) $33.41;
(b) that amount as indexed on 20 September 2009, and from time to time after that date, in the same way that it would be indexed under the
Social Security Act 1991 if it were an annual maximum basic rate under point 1064‑B1 of that Act applying to a person who is not a member of a couple (within the meaning of that point).
Care recipients to whom this section applies
(1) This section applies to a care recipient if:
(a) the care recipient is a *pre‑2008 reform resident; and
(b) on 19 September 2009, the care recipient did not have a dependent child; and
(c) on 19 September 2009, one or more of the following requirements is met:
(i) the care recipient was not receiving an *income support payment;
(ii) for *entry to the residential care service in question, the care recipient had paid an *accommodation bond that was more than the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 10 times the *basic age pension amount at the time of entry;
(iii) the *daily income tested reduction in respect of the care recipient was an amount worked out under section 44‑23; and
(d) on 20 September 2009 and on each day since that day, the care recipient does not have a *dependent child; and
(e) on 20 September 2009 and on each day since that day, one or more of the following requirements is met:
(i) the care recipient is not receiving an *income support payment;
(ii) if the care recipient *entered the residential care service in question before 20 September 2009—the care recipient paid an *accommodation bond for the entry that was more than the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 10 times the *basic age pension amount at the time of entry;
(iii) if the care recipient *entered the residential care service in question on or after 20 September 2009—the care recipient paid an *accommodation bond that was more than the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 9 times the *basic age pension amount at the time of entry;
(iv) the *daily income tested reduction in respect of the care recipient was an amount worked out under section 44‑23.
(2) For the purposes of subparagraphs (1)(c)(ii), (1)(e)(ii) and (1)(e)(iii), if the care recipient has elected under subsection 57‑17(1) to pay an *accommodation bond by periodic payments, the amount of the accommodation bond is taken to be what would have been payable by the care recipient in accordance with Subdivision 57‑E had the care recipient paid it as a lump sum.
Standard resident contribution
(3) The
standard resident contribution for a care recipient to whom this section applies is the greater of the following:
(a) $41.61;
(b) that amount as indexed on 20 September 2009, and from time to time after that date, in the same way that it would be indexed under the
Social Security Act 1991 if it were an annual maximum basic rate under point 1064‑B1 of that Act applying to a person who is not a member of a couple (within the meaning of that point).
Meaning of phased resident
(1) A care recipient is a
phased resident on a particular day if:
(a) the care recipient is a *post‑September 2009 resident on that day; and
(b) that day is in the period 20 September 2009 to 19 March 2013 (inclusive); and
(c) on the day on which the care recipient *enters the residential care service in question, the care recipient is not receiving an *income support payment.
(2) A care recipient is also a
phased resident on a particular day if:
(a) the care recipient is a *post‑September 2009 resident on that day; and
(b) that day is in the period 20 September 2009 to 19 March 2013 (inclusive); and
(c) on the day (the
entry day ) on which the care recipient *enters the residential care service in question, the care recipient is receiving an *income support payment; and(d) the amount determined under paragraph 44‑24(2)(b), (3)(b) or (4)(b) (as the case requires), for the purposes of working out the care recipient’s *total assessable income in respect of the entry day, is equal to or more than the amount (the
threshold amount ) worked out under subsection (3).(3) For the purposes of paragraph (2)(d), the
threshold amount is the sum of:
(a) the amount worked out by applying point 1064‑E4 of Pension Rate Calculator A at the end of section 1064 of the
Social Security Act 1991 ; and(b) the greater of the following:
(i) $5,668.00;
(ii) that amount as indexed on 20 March 2010, and from time to time after that date, in the same way that it would be indexed under the
Social Security Act 1991 if it were an annual maximum basic rate under point 1064‑B1 of that Act applying to a person who is not a member of a couple (within the meaning of that point).
Standard resident contribution
(4) The
standard resident contribution in respect of a particular day, for a care recipient who is a *phased resident on that day, is:
(a) if the day is in the period 20 September 2009 to 19 March 2010 (inclusive)—the greater of the following:
(i) $33.41;
(ii) that amount as indexed on 20 September 2009 in the same way that it would be indexed under the
Social Security Act 1991 if it were an annual maximum basic rate under point 1064‑B1 of that Act applying to a person who is not a member of a couple (within the meaning of that point); or(b) if the day is in a period (the
relevant period ) referred to in the table in subsection (5)—the amount obtained by rounding down to the nearest cent an amount equal to the applicable percentage, for that period, of the *basic age pension amount (worked out on a per day basis).(5) The applicable percentage for a relevant period is as set out in the following table:
1 | 20 March 2010 to 19 September 2010 (inclusive) | 78 |
2 | 20 September 2010 to 19 March 2011 (inclusive) | 79 |
3 | 20 March 2011 to 19 September 2011 (inclusive) | 80 |
4 | 20 September 2011 to 19 March 2012 (inclusive) | 81 |
5 | 20 March 2012 to 19 September 2012 (inclusive) | 82 |
6 | 20 September 2012 to 19 March 2013 (inclusive) | 83 |
Insert:
phased resident has the meaning given by section 58‑4.
Insert:
post‑September 2009 resident has the meaning given by section 58‑3A.
Insert:
pre‑September 2009 resident has the meaning given by section 58‑3A.
Insert:
protected resident has the meaning given by section 58‑3B.
21
Clause 1 of Schedule 1 (definition of standard pensioner contribution ) Repeal the definition.
22
Clause 1 of Schedule 1 (definition of standard resident contribution ) Omit “58‑4 or 58‑4A”, substitute “58‑3B, 58‑3C or 58‑4”.
The amendment made by item 7 of this Schedule applies in relation to the calculation of the daily income tested reduction under subsection 44‑21(3) of the
Aged Care Act 1997 for a day that is on or after 20 September 2009.
The amendment made by item 8 of this Schedule applies in relation to the calculation of the daily income tested reduction under subsection 44‑23(4) of the
Aged Care Act 1997 for a day that is on or after 20 September 2009.
The amendment made by item 9 of this Schedule applies in relation to the calculation of the total assessable income free area for a care recipient under section 44‑26 of the
Aged Care Act 1997 for the purposes of working out the daily income tested reduction in respect of the care recipient for a day that is on or after 20 September 2009.
The amendments made by items 10 and 12 of this Schedule apply in relation to the calculation of the residential care subsidy for a care recipient under section 44‑2 of the
Aged Care Act 1997 in respect of a day that is on or after 20 September 2009.
The amendments made by items 15 and 16 of this Schedule apply in relation to the calculation of the standard resident contribution for a care recipient under Division 58 of the
Aged Care Act 1997 in respect of a day that is on or after 20 September 2009.
Omit “or 14”, substitute “, 14 or 15”.
Add:
15. | The area of the Red Sea north of the parallel 20 degrees north latitude. | The period from and including 13 January 1993 to and including 19 January 1993 |
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(115/09) |
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