Social Security (Dependants — Concession Cards) Declaration 2003 (Cth)

Social Security (Dependants—Concession Cards) Declaration 2003

I, AMANDA VANSTONE, Minister for Family and Community Services, make this declaration under subsection 240B(5) of the Social Security (Administration) Act 1999.

Dated             27/6   2003.

AMANDA VANSTONE

Minister for Family and Community Services

Part 1        Preliminary

1.         Name of declaration

This declaration is the Social Security (Dependants—Concession Cards) Declaration 2003.

2.         Commencement

This declaration commences on gazettal.

3.         Interpretation

Administration Act means the Social Security (Administration) Act 1999;

dependant has the same meaning as in Part 2A.1 of the Social Security Act 1991;

member of a couple has the meaning given by subsection 4(1) of the Social Security Act 1991;

partner has the meaning given by subsection 4(1) of the Social Security Act 1991;

permanent visa has the meaning given by subsection 30(1) of the Migration Act 1958;

protection visa has the meaning given by section 36 of the Migration Act 1958;

temporary visa has the meaning given by subsection 30(2) of the Migration Act 1958.

Part 2        Dependants for Holders of Pensioner Concession Card or Health Care Card

4.         Dependants for pensioner concession card or health care card purposes

Temporary visa holder

1. A person who:

(a)       is, or has been, in Australia; and

(b)       is the partner of another person and the other person is either:

(i)         the holder of a pensioner concession card; or

(ii)        the holder of a health care card; and

(c)        is the holder of a temporary visa; and

(d)       has applied for a permanent visa and the application has not been withdrawn or otherwise finally determined; and

(e)       has not made an application for a protection visa (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined;

is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies.

Temporary protection visa holder

1. A person who:

(a)       is, or has been, in Australia; and

(b)       is the partner of another person and the other person is either:

(i)         the holder of a pensioner concession card; or

(ii)        the holder of a health care card; and

(c)        is the holder of a subclass 785 (temporary protection) visa;

is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies.

Other visa holders

1. A person who:

(a)       is, or has been, in Australia; and

(b)       is the partner of another person and the other person is either:

(i)         the holder of a pensioner concession card; or

(ii)        the holder of a health care card; and

(c)        is the holder of any of a:

(i)         subclass 448 (Kosovar Safe Haven) visa;

(ii)        subclass 449 (Humanitarian Stay) visa;

(iii)       subclass 786 (Humanitarian Concern) visa;

is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies.