Social Security (Family Allowance and Related Matters) Legislation Amendment Act 1999 (Cth)

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Social Security (Family Allowance and Related Matters) Legislation Amendment Act 1999

No. 114, 1999

Social Security (Family Allowance and Related Matters) Legislation Amendment Act 1999

No. 114, 1999

An Act to amend the Social Security Act 1991, and for related purposes

Contents

Social Security (Family Allowance and Related Matters) Legislation Amendment Act 1999

No. 114, 1999

An Act to amend the Social Security Act1991, and for related purposes

[Assented to 22 September 1999]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Social Security (Family Allowance and Related Matters) Legislation Amendment Act 1999.

2Commencement

This Act commences on 1 October 1999.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments relating to family allowance for over‑16 dependants

Health Insurance Act 1973

1

At the end of section 5J

Add:

  1. (2)

    Paragraph (1)(a) does not prevent a declaration being made under section 5 or 5B with respect to a person who is an over‑16 dependant (within the meaning of the Social Security Act 1991) with respect to a day on which:

    1. (a)

      the person is:

      1. (i)

        under 18 years of age; and

      2. (ii)

        not undertaking secondary studies; and

      3. (iii)

        not receiving a social security benefit or allowance; or

    2. (b)

      the person has reached 18 years of age unless the person:

      1. (i)

        has reached 18, but is under 19, years of age; and

      2. (ii)

        is undertaking secondary studies.

Social Security Act 1991

2

Section 3 (index of definitions)

Omit:

minimum FA child rate

6(1)

3

Section 3 (index of definitions)

Insert the following entries in their appropriate alphabetical positions, determined on a letter‑by‑letter basis:

minimum rate for FA advance purposes

6(1)

over‑16 dependant

6(1), (3), (4),

(5) and (6)

4

Subsection 6(1) (definition of FA child)

Repeal the definition, substitute:

FA child has the meaning given by sections 831 to 836.

5

Subsection 6(1) (definition of minimum FA child rate)

Repeal the definition.

6

Subsection 6(1)

Insert:

minimum rate for FA advance purposes for a person is the item 3 amount in the table in point 1069‑B2 of the Family Allowance Rate Calculator in section 1069.

7

Subsection 6(1)

Insert:

over‑16 dependant has the meaning given by subsections (3) to (6).

8

At the end of section 6

Add:

  1. (3)

    Subject to subsections (4) to (6), a person is an over‑16 dependant of another person (the adult) at a particular time if:

    1. (a)

      the person has reached 16, but is under 25, years of age at that time; and

    2. (b)

      the person is not a dependent child of the adult at that time; and

    3. (c)

      the person is wholly or substantially dependent on the adult at that time; and

    4. (d)

      the person is undertaking full‑time study at that time if the person has reached 21 years of age; and

    5. (e)

      the person’s income for the financial year in which that time occurs will not be more than the amount specified in paragraph 5(4)(b).

  2. (4)

    A person cannot be an over‑16 dependant of another person (the adult) if the adult is the person’s partner.

  3. (5)

    A person who:

    1. (a)

      is receiving a social security pension; or

    2. (b)

      is receiving a social security benefit; or

    3. (c)

      is receiving payments under a program included in the programs known as Labour Market Programs;

cannot be an over‑16 dependant of another person.

  1. (6)

    For the purposes of this Act, a person is not to be treated as an over‑16 dependant of another person (the adult) unless:

    1. (a)

      if the adult is an Australian resident:

      1. (i)

        the person is an Australian resident; or

      2. (ii)

        the person is living with the adult; or

    2. (b)

      if the adult is not an Australian resident:

      1. (i)

        the person is an Australian resident; or

      2. (ii)

        the person has been an Australian resident and is living with the adult outside Australia; or

      3. (iii)

        the person had been living with the adult in Australia and is living with the adult outside Australia.

9

At the end of section 831

Add:

  1. (2)

    Subject to subsection (3) and to sections 832 to 836, each over‑16 dependant of a person is also an FA child of the person.

  2. (3)

    An over‑16 dependant of a person (the adult) cannot be an FA child of the adult if the dependant is qualified to receive payments under a prescribed educational scheme within the meaning of subsections 5(12) to (14).

  3. (4)

    The following provisions of this Act apply to an over‑16 dependant of a person as if the references to a dependent child of the person, references to a young person and references to a child included references to the dependant:

    1. (a)

      the remaining provisions of this Part;

    2. (b)

      the Rate Calculator in section 1069.

10

Section 833

Repeal the section.

11

At the end of section 843

Add:

  1. (5)

    The provisional commencement day for family allowance claimed for an over‑16 dependant may be a day that occurs before the claim is made (but not earlier than 1 October 1999) if the claim is made before 1 July 2000.

12

Subparagraph 864A(1)(b)(ii)

Omit “minimum FA child rate”, substitute “minimum rate for FA advance purposes”.

13

Subsection 864A(1) (note 2)

Repeal the note.

14

Subsection 864B(1) (formula)

Repeal the formula, substitute:

15

After subsection 887(8)

Insert:

  1. (8A)

    If:

    1. (a)

      the favourable determination is made to take account of a recipient having an over‑16 dependant; and

    2. (b)

      either:

      1. (i)

        the determination is made before 1 July 2000; or

      2. (ii)

        the determination is made on or after 1 July 2000 following the recipient having advised the Department before that day of a change in circumstances;

the determination takes effect on the day specified in the determination (being no earlier than 1 October 1999).

16

Subpoint 1069‑B2(1) (table)

Repeal the table, substitute:

Table B—Standard family allowance rate

Column 1

Item

Column 2

Category of FA child

Column 3

Rate per fortnight

1

FA child who is under 13 years of age

$99.00

2

FA child who has reached 13, but is under 16, years of age

$128.80

3

FA child who has reached 16, but is under 18, years of age

$23.70

4

FA child who has reached 18, but is under 25, years of age

$50.00

17

Point 1069‑B3

Omit “minimum FA child rate”, substitute “minimum rate for FA advance purposes”.

18

Point 1069‑B4

Omit “minimum FA child rate”, substitute “minimum rate for FA advance purposes”.

19

Point 1069‑B6

Repeal the point, substitute:

Minimum standard family allowance rate

  1. 1069‑B6

    A person’s minimum standard family allowance rate is the amount per fortnight worked out using the formula:

where:

number of FA children 18 or over means the number of FA children of the person who have reached 18 years of age.

number of FA children under 18 means the number of FA children of the person who are under 18 years of age.

Note: The amount in the formula that applies to FA children under 18 is indexed annually in line with CPI increases (see sections 1191 to 1194).

20

Point 1069‑C4 (definition of number of dependent FA children)

Omit “dependent children”, substitute “children”.

21

Section 1190 (table items 4 and 4AA)

Repeal the items, substitute:

4

Standard family allowance rate for FA child under 18

FABR

[Family Allowance Rate Calculator—Module B—Table B—column 3—items 1, 2 and 3]

4AA

Minimum FA child rate for FA child under 18

FA MBR

[Family Allowance Rate Calculator—Module B—the amount stated in the formula in point 1069‑B6 that applies to FA children under 18]

[Minister’s second reading speech made in—

House of Representatives on 9 June 1999

Senate on 28 June 1999]

(109/99)

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