Social Security Legislation Amendment Act 1992 (Cth)
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| Commencement |
| Application |
| Principal Act |
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| Insertion of new Part: |
PART 2.25—TELEPHONE ALLOWANCE
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TABLE OF PROVISIONS—
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| Indexed and adjusted amounts |
| CPI Indexation Table |
| Rounding off indexed amounts |
| Insertion of new section: |
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| General definitions |
| Date of effect of favourable determination |
| Date of effect of favourable determination |
| Continuation of wife pension for bereavement period |
| Date of effect of favourable determination |
| Qualification for payments under this Subdivision |
| Provisional commencement day |
| Backdating—death of partner |
| Need for a claim |
20. | Date of effect of favourable determination |
21. | Backdating—death of partner |
22. | Ordinary waiting period |
23. | Insertion of new Subdivision: |
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24. | Amendment of Subdivision heading |
25. | Death of recipient |
26. | Ordinary waiting period |
27. | Insertion of new Subdivision: |
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TABLE OF PROVISIONS—
Section | |
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28. | Amendment of Subdivision heading |
29. | Death of recipient |
| Ordinary waiting period |
| Insertion of new Subdivision: |
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| Amendment of Subdivision heading |
| Death of recipient |
| Insertion of new Subdivision: |
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35. | Amendment of Subdivision heading |
| Death of recipient |
| Date of effect of favourable determination |
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39. | Definitions |
40. | Insertion of new section: |
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41. | Insertion of new section: |
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42. | Job search training supplement |
43. | Newstart training supplement |
44. | Rate of job search allowance (under 18) and sickness allowance (under 18) |
45. | Rate of job search allowance (18 or over) and newstart allowance and sickness allowance (18 or over) |
46. | Indexed and adjusted amounts |
47. | Qualification for sickness allowance |
48. | Qualification for special benefit |
49. | |
50. | Market-linked investments made or acquired before 9 September 1988 |
TABLE OF PROVISIONS—
Section | |
| Basic concept—income money and interest received |
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| Insertion of new sections: |
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| Certain assets to be disregarded in calculating the value of a person’s assets |
| Repeal of section 1145 |
| Entry contribution |
| Extra allowable amount |
| Residents who are not members of a couple |
| Members of couples |
| Members of illness separated couples (both in special residences) |
| Members of illness separated couples (partner not in special residence and partner homeowner) |
| Members of illness separated couples (partner not in special residence and partner not homeowner) |
| Members of ordinary couple with different principal homes (both in special residences) |
| Members of ordinary couple with different principal homes (partner not in special residence and partner homeowner) |
| Members of ordinary couple with different principal homes (partner not in special residence and partner not homeowner) |
| Adjustment of special illness separated special resident AVL |
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| Secretary may require notice of the happening of an event or a change in circumstances |
| Secretary may require notice of the happening of an event or a change in circumstances |
| Secretary may require notice of the happening of an event or a change in circumstances |
| Secretary may require notice of the happening of an event or a change in circumstances |
| Secretary may require notice of the happening of an event or a change in circumstances |
| Secretary may require notice of the happening of an event or a change in circumstances |
| Secretary may require notice of the happening of an event or a change in circumstances |
| Pension, benefit or allowance not payable during lump sum preclusion period |
| Insertion of new section: |
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| Preliminary notice or recovery notice to insurer suspends both insurer’s and compensation payer’s liability |
| Insertion of new clause: |
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| CPI Indexation Table |
| Agreement with Republic of Austria |
TABLE OF PROVISIONS—
Section | |
82. | Age pension to be absolutely inalienable |
83. | Disability support pension to be absolutely inalienable |
| Wife pension to be absolutely inalienable |
85. | Carer pension to be absolutely inalienable |
86. | Sole parent pension to be absolutely inalienable |
87. | Widowed person allowance to be absolutely inalienable |
| Widow B pension to be absolutely inalienable |
89. | Job search allowance to be absolutely inalienable |
90. | Newstart allowance to be absolutely inalienable |
91. | Sickness allowance to be absolutely inalienable |
92. | Special benefit to be absolutely inalienable |
93. | Special needs pension to be- absolutely inalienable |
94. | Family allowance to be absolutely inalienable |
95. | Family allowance supplement to be absolutely inalienable |
96. | Child disability allowance to be absolutely inalienable |
97. | Double orphan pension to be absolutely inalienable |
98. | Mobility allowance to be absolutely inalienable |
99. | General effect of Chapter |
100. | General effect of Chapter |
101. | Overpayments arising under this Act |
102. | Debts arising from prepayments |
103. | Debts arising from automatic termination (transfer to new payment type) |
104. | Debts arising from automatic rate reductions because of partner starting to receive pension or benefit |
105. | Debts arising from recipient’s contravention of Act |
106. | Pension loans scheme debts |
107. | Compensation debts |
108. | Assurance of support debts |
109. | Insertion of new section: 1231AA. Application of sections dealing with deductions |
110. | Deductions from debtor’s pension, benefit or allowance |
111. | Insertion of new section: |
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112. | Application requirements |
113. | Procedure on receipt of application for review by SSAT |
114. | Withdrawal of application for review |
115. | Repeal of sections 70, 134, 174, 224, 286, 343, 391, 576, 659, 728A, 761, 810, 875, 932, 980, 1025, 1056 and 1309 |
116. | Consequential, minor and technical amendments of the Social Security Act |
117. | Amendments of other Acts |
CONSEQUENTIAL, MINOR AND TECHNICAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 | |
AMENDMENTS OF OTHER ACTS | |
NEW SCHEDULE TO SOCIAL SECURITY ACT 1991 |
[
The Parliament of Australia enacts:
(a) Part 1;
(b) Divisions 1, 4, 6, 7, 9, 10, 12, 13, 15 and 16 of Part 2;
(c) Division 3 of Part 2 (other than paragraphs 11 (a) and (c) and sections 23, 24, 25, 27, 28, 29 and 31 to 36);
(d) Division 11 of Part 2 (other than sections 69 to 75);
(e) section 110;
(f) Part 3;
(g) Part 1 of Schedule 1 and Part 1 of Schedule 2; (h) Schedule 3.
Sections 69 to 75 commence on the day on which this Act receives the Royal Assent, immediately after the commencement of Part 1 of Schedule 1.
Sections 82 to 99, 101, 103 to 109 and 111 are taken to have commenced on 1 July 1991.
Part 2 of Schedule 1 and Part 2 of Schedule 2 are taken to have commenced on 1 July 1991.
Part 3 of Schedule 2 is taken to have commenced on 1 July 1991, immediately after the commencement of Part 1 of Schedule 2 of the
Division 8 of Part 2 is taken to have commenced on 24 July 1991.
Division 5 of Part 2 and Part 3 of Schedule 1 are taken to have commenced on 12 November 1991.
Part 4 of Schedule 1 is taken to have commenced on 12 November 1991, immediately after the commencement of Part 3 of the
Part 4 of Schedule 2 is taken to have commenced on 26 November 1991.
Sections 100 and 102 and Part 5 of Schedule 1 are taken to have commenced on 13 December 1991, immediately after the commencement of Division 6 of Part 2 of the
Part 6 of Schedule 1 is taken to have commenced on 12 March 1992.
(13) Part 5 of Schedule 2 commences on 30 June 1992.
(14) The following provisions commence on 1 July 1992:(a) Division 2 of Part 2;
(b) paragraphs 11(a) and (c) and sections 23, 24, 25, 27, 28, 29 and 31 to 36;
(c) Part 8 of Schedule 1 and Part 6 of Schedule 2.
“(9A) Two people are members of a
(a) are members of a couple for the purposes of this Act; and
(b) are legally married to each other; and
(c) are living separately and apart from each other but not on a permanent basis; and
(d) are neither an illness separated nor a respite care couple.
Note: for ‘member of a couple’ see subsection 4(2) and section 24.”.
“
“
“1061Q.(1) A person is qualified for a telephone allowance if:
(a) the person is receiving a social security pension; and
(b) either:
(i) the person satisfies the fringe benefits ordinary income test and the fringe benefits assets test; or
(ii) the person is permanently blind; and
(c) the person is a telephone subscriber.
Note 1: for ‘telephone subscriber’ see subsection (5).
Note 2: to work out whether a person satisfies the fringe benefits ordinary income test, use the Fringe Benefits Ordinary Income Test Calculator at the end of section 1071.
Note 3: to work out whether a person satisfies the fringe benefits assets test, use the Fringe Benefits Assets Test Calculator at the end of section 1072.
“(2) A person is qualified for a telephone allowance if:
(a) the person is receiving newstart allowance; and
(b) the person has turned 60; and
(c) the person is a telephone subscriber.
Note: for ‘telephone subscriber’ see subsection (5).
“(3) A person is qualified for a telephone allowance if:
(a) the person is receiving job search allowance or special benefit; and
(b) the person has been receiving:
(i) a social security pension; or
(ii) a social security benefit; or
(iii) a service pension;
continuously for the last 12 months; and
(c) the person has turned 60; and
(d) the person is a telephone subscriber.
Note: for ‘telephone subscriber’ see subsection (5).
“(4) A person is qualified for a telephone allowance if:
(a) the person is a person to whom any of the following provisions applies:
(i) paragraph (aaa) or (aab) of the definition of ‘concessional beneficiary’ in subsection 84(1) of the
National Health Act 1953; (ii) section 4AAA of the
National Health Act 1953 ;(iii) section 146T or 146U of this Act; and
(b) the person is a telephone subscriber.
Note: for ‘telephone subscriber’ see subsection (5).
“(5) In this section:
(a) a person who has a telephone service connected in Australia in his or her name; or
(b) a person:
(i) to whom paragraph (a) does not apply; and
(ii) who is a member of a couple (other than an illness
separated, temporarily separated or respite care couple); and
(iii) whose partner has a telephone service connected in Australia in the partner’s name.
Note: for ‘member of a couple’, ‘illness separated couple’, ‘temporarily separated couple’ and ‘respite care couple’ see section 4.
“1061R. Even though a person is qualified for a telephone allowance, the allowance is not payable to the person:
(a) if the person is absent from Australia; or
(b) if the person is receiving a telephone allowance under the Veterans’ Entitlements Act or the
Seamen’s War Pensions and Allowances Act 1940 ; or(c) if:
(i) the person is a member of a couple (other than an illness separated, temporarily separated or respite care couple); and
(ii) the person’s partner is receiving a telephone allowance because of:
(A) subsection 118Q(3) of the Veterans’ Entitlements Act; or
(B) a determination under subsection 5R(1) of the Veterans’ Entitlements Act.
Note 1: for ‘member of a couple’, ‘illness separated couple’, ‘temporarily separated couple’ and ‘respite care couple’ see section 4.
Note 2: subsection 118Q(3) of the Veterans’ Entitlements Act covers certain categories of World War 1 veterans.
Note 3: the relevant determination under subsection 5R(1) of the Veterans’ Entitlements Act provides eligibility for telephone allowance to certain categories of World War 1 Australian mariners.
“
“1061S.(1) A person’s rate of telephone allowance is worked out using the following Table:
TELEPHONE ALLOWANCE RATE TABLE | ||
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| column 3 |
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| rate per year |
| Not member of a couple | $51.80 |
| Partnered (partner getting neither social security pension nor social security benefit) and person getting pension or benefit before 12 March 1992 | $51.80 |
| Partnered (partner getting neither social security pension nor social security benefit) and person not getting pension or benefit before 12 March 1992 | $25.90 |
| Partnered (partner getting social security pension or social security benefit but not getting telephone allowance) | $51.80 |
| Partnered (partner getting social security pension or social security benefit and getting telephone allowance) | $25.90 |
| Member of an illness separated, temporarily separated or respite care couple | $51.80 |
| Partnered (partner not getting telephone allowance under the VEA or the SWPAA) | $51.80 |
| Partnered (partner getting telephone allowance under the VEA or the SWPAA) | $25.90 |
Note: the amounts in column 3 (except the item 2 amount) are indexed or adjusted annually in line with CPI increases (see sections 1191 to 1194).
“(2) If item 7 or 8 applies to a person, neither item 2 nor 3 applies to the person.
“(3) Item 2 does not apply to a person if the rate of telephone allowance that would be payable to the person if item 2 applied is less than the rate that would otherwise be payable.
Note: because the item 2 rate is not indexed it may eventually become a lower rate than other rates in the Table.
“(4) In this section:
Note: clause 41 of Schedule 1A applies to people who were receiving social security pension or benefit before 12 March 1992 and who meet certain other conditions.
“
“1061T. A telephone allowance becomes payable to a person on the first day on which:
(a) the person is qualified for the allowance; and
(b) no provision of this Act makes the allowance not payable to the person.
Note 1: for qualification see section 1061Q.
Note 2: for the circumstances in which telephone allowance is not payable see section 1061R.
“1061U.(1) A full instalment of telephone allowance is payable to a person on each telephone allowance payday on which:
(a) the person is qualified for the allowance; and
(b) the allowance is payable to the person.
“(2) In this section:
(a) if the person is receiving a social security pension—the first pension payday that falls on or after:
(i) 1 January; and
(ii) 20 March; and
(iii) 1 July; and
(iv) 20 September; or
(b) if the person is receiving a social security benefit—the first payday on which an instalment of the benefit would normally be paid to the person that falls on or after:
(i) 1 January; and
(ii) 20 March; and
(iii) 1 July; and
(iv) 20 September.
“1061V. The amount of an instalment of telephone allowance is the amount worked out by dividing the amount of the annual rate of the telephone allowance by 4.
“1061VA.(1) Subject to subsection (3), instalments of a person’s telephone allowance are to be paid to that person.
“(2) The Secretary may direct that the whole or part of the instalments of a person’s telephone allowance is to be paid to someone else on behalf of the person.
“(3) If the Secretary gives a direction under subsection (2), the instalments are to be paid in accordance with the direction.
“1061VB.(1) An amount that is to be paid to a person under section 1061VA is to be paid in the manner set out in this section.
“(2) Subject to this section, the amount is to be paid to the credit of a bank account, credit union account or building society account nominated and maintained by the person.
“(3) The account may be an account that is maintained by the person either alone or jointly or in common with another person.
“(4) Where the person has not nominated an account for the purposes of subsection (2), then, subject to subsections (5) and (7), the amount is not to be paid.
“(5) Where:
(a) an amount has not been paid because of subsection (4); and
(b) the person nominates an account for the purposes of subsection (2);
the amount is to be paid under subsection (2).
“(6) The Secretary may direct that the whole or part of the amount be paid to the person in a different way from that provided for by subsection (2).
“(7) If the Secretary gives a direction under subsection (6), the amount is to be paid in accordance with the direction.
“1061VC. If the Secretary is satisfied that an amount of telephone allowance that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.
“1061VD.(1) If:
(a) a telephone allowance is payable to a person; and
(b) the person dies; and
(c) at the date of the person’s death the person had not received an amount of telephone allowance payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special circumstances;
the Secretary may pay the amount to the person who, in the Secretary’s opinion, is best entitled to it.
“(2) If the Secretary pays an amount of telephone allowance under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of telephone allowance.
“
“1061W.(1) Subject to subsections (2) and (3) and section 1359, telephone allowance is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
“(2) The Secretary may make deductions from the instalments of telephone allowance payable to a person where the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: the Secretary must make deductions from a person’s pension, benefit or allowance if requested by the Commissioner of Taxation (see section 1359).
“(3) The Secretary may make deductions from the instalments of telephone allowance payable to a person if the recipient consents under section 1234A to the Secretary making the deductions.
Note: section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a pension, benefit or allowance.
“1061X.(1) If:
(a) a person has an account with a financial institution; and
(b) instalments of telephone allowance payable to the person (whether on the person’s own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
“(2) The saved amount is worked out as follows:
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Work out the amount (if any) of telephone allowance payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force. | |
Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the |
“(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
“
“1061Y.(1) The Secretary may give a person to whom a telephone allowance is being paid a notice that requires the person to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
“(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the allowance.
“(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is a recipient notification notice given under this Act.
“(4) The period specified under paragraph (3)(d) must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
“(5) If a notice requires the person to inform the Department of any proposal by the person to leave Australia, subsection (4) does not apply to that requirement.
“(6) A person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
“(7) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: Imprisonment for 2 years.
Note: subsections 4B(2) and 4B(3) of the
Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.“(8) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
“1061Z.(1) The Secretary may give a person to whom a telephone allowance is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the allowance to the person.
“(2) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is a recipient statement notice given under this Act.
“(3) The period specified under paragraph (2)(d) must end at least 14 days after the day on which the notice is given.
“(4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
“(5) A person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
“(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: Imprisonment for 2 years.
Note: subsections 4B(2) and 4B(3) of the
Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.“(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.”.
“50. | Rate of telephone allowance for a person who is not a member of a couple | TA ‘single’ rate | [section 1061S— Table—column 3— item 1] |
51. | Rate of telephone allowance for a person with a partner where the partner is getting neither pension nor benefit | TA ‘partnered’ (item 3) rate | [section 1061S— Table—column 3— item 3] |
52. | Rate of telephone allowance for a person with a partner where the partner is getting pension or benefit but not getting telephone allowance | TA ‘partnered’ (item 4) rate | [section 1061S— Table—column 3— item 4] |
53. | Rate of telephone allowance for a person with a partner where the partner is getting pension or benefit and getting telephone allowance | TA ‘partnered’ (item 5) rate | [section 1061S— Table—column 3— item 5] |
54. | Rate of telephone allowance for a member of an illness separated or respite care couple | TA ‘partnered’ (item 6) rate | [section 1061S— Table—column 3— item 6] |
55. | Rate of telephone allowance for a person with a partner where the partner is getting service pension but not getting telephone allowance | TA ‘partnered’ (item 7) rate | [section 1061S— Table—column 3— item 7] |
56. | Rate of telephone allowance for a person with a partner where the partner is getting service pension and getting telephone allowance | TA ‘partnered’ (item 8) rate | [section 1061S— Table—column 3— item 8]”. |
“33. | TA ‘single’ rate | 20 September | June | most recent June quarter before reference quarter | $0.80”. |
9. Section 1194 of the Principal Act is amended:
(a) by omitting from subsection (2) “(5) and (6)”and substituting “(5), (6) and (7)”;
(b) by omitting from subsection (3) “(5) and (6)” and substituting “(5), (6) and (7)”;
(c) by adding at the end the following subsection:
“(7) If a provisional indexed amount for a telephone allowance rate is not a multiple of 80 cents, the indexed amount is the provisional indexed amount rounded up to the nearest multiple of 80 cents.”.
“1206B.(1) This Act has effect as if, on 20 September each year, there were substituted for:
(a) the TA ‘partnered’ (item 4) rate; and
(b) the TA ‘partnered’ (item 6) rate; and
(c) the TA ‘partnered’ (item 7) rate;
the amount of the current figure, as at 20 September, for the TA ‘single’ rate.
Note 1: for ‘TA “partnered” (item 4) rate’, ‘TA “partnered” (item 6) rate’ and ‘TA “partnered” (item 7) rate’ see items 52, 54 and 55 of the Indexed and Adjusted Amounts Table in section 1190.
Note 2: for ‘current figure’ see subsection 20(1).
Note 3: for ‘TA “single” rate’ see item 50 of the Indexed and Adjusted Amounts Table in section 1190.
“(2) This Act has effect as if, on 20 September each year, there were substituted for:
(a) the TA ‘partnered’ (item 3) rate; and
(b) the TA ‘partnered’ (item 5) rate; and
(c) the TA ‘partnered’ (item 8) rate;
the amount worked out using the following formula:
2
where:
Note 1: for ‘TA “partnered” (item 4) rate’, ‘TA “partnered” (item 6) rate’ and ‘TA “partnered” (item 7) rate’ see items 52, 54 and 55 of the Indexed and Adjusted Amounts Table in section 1190.
Note 2: for ‘TA “single” rate’ see item 50 of the Indexed and Adjusted Amounts Table in section 1190.
Note 3: for ‘current figure’ see subsection 20(1).”.
11. Section 23 of the Principal Act is amended:
(a) by omitting “and (4AA)” from the definition of “receive” in subsection (1) and substituting “, (4AA) and (4AB)”;
(b) by inserting in subsection (1) the following definitions:“
‘long-term social security recipient’, as at a particular time, means:
(a) a person who, at that time, has had social security recipient status continuously for the previous 52 weeks; or
(b) a person:
(i) who has not, at that time, had social security recipient status continuously for the previous 52 weeks; and
(ii) who had social security recipient status at the beginning of the previous 52 weeks; and
(iii) who did not lose social security recipient status for more than 6 weeks of the previous 52 weeks;
Note: for ‘social security recipient status’ see subsection 23(1).
‘social security recipient status’ , for the purposes of the definition of ‘long-term social security recipient’ means status as:
(a) a recipient of a social security pension, a social security benefit or a service pension; or
(b) a benefit increase partner;”;
(c) by inserting after subsection (4AA) the following subsection:“(4AB) For the purposes of this Act, a person who is
receiving a payment under section 592C, 660R, 728X or 771C is takento be
receiving a job search allowance, newstart allowance, sickness allowance or special benefit, as the case may be.”.
12. Section 80 of the Principal Act is amended:
(a) by omitting from subsection (5) “subsection (5A)” and substituting “subsections (5A) and (5B)”;
(b) by inserting after subsection (5A) the following subsection:
“(5B) If:
(a) the favourable determination is made following the death of the person’s partner; and
(b) before the partner died, the partner:
(i) was not receiving a social security pension or a service pension; and
(ii) was not a long-term social security recipient; and
(c) within the period of 4 weeks that starts on the day after the day on which the partner dies:
(i) the person notifies the Department orally or in writing of their partner’s death; or
(ii) the Secretary otherwise becomes aware of the death;
the determination takes effect on the day on which the partner died.
Note 1: for ‘long-term social security recipient’ see subsection 23(1).
Note 2: if the person’s partner is receiving a social security pension or service pension or is a long-term social security recipient, the person is entitled to bereavement payments and this subsection does not apply to the person.”.
13. Section 146D of the Principal Act is amended:
(a) by omitting from subsection (5) “subsection (5A)” and substituting “subsections (5A) and (5B)”;
(b) by inserting after subsection (5A) the following subsection:
“(5B) If:
(a) the favourable determination is made following the death of the person’s partner; and
(b) before the partner died, the partner:
(i) was not receiving a social security pension or a service pension; and
(ii) was not a long-term social security recipient; and
(c) within the period of 4 weeks that starts on the day after the day on which the partner dies:
(i) the person notifies the Department orally or in writing of their partner’s death; or
(ii) the Secretary otherwise becomes aware of the death;
the determination takes effect on the day on which the partner died.
Note 1: for ‘long-term social security recipient’ see subsection 23(1).
Note 2: if the person’s partner is receiving a social security pension or service pension or is a long-term social security recipient, the person is entitled to bereavement payments and this subsection does not apply to the person.”.
“Note: a person who remains qualified for a wife pension for the bereavement period may, in some circumstances, be automatically transferred to a sole parent pension after the end of the bereavement period without making a claim for that pension (see subsection 259(3)).”.
15. Section 233 of the Principal Act is amended:
(a) by omitting from subsection (5) “subsection (5A)” and substituting “subsections (5A) and (5B)”;
(b) by inserting after subsection (5A) the following subsection:
“(5B) If:
(a) the favourable determination is made following the death of the person’s partner; and
(b) before the partner died, the partner:
(i) was not receiving a social security pension or a service pension; and
(ii) was not a long-term social security recipient; and
(c) within the period of 4 weeks that starts on the day after the day on which the partner dies:
(i) the person notifies the Department orally or in writing of their partner’s death; or
(ii) the Secretary otherwise becomes aware of the death;
the determination takes effect on the day on which the partner died.
Note 1: for ‘long-term social security recipient’ see subsection 23(1).
Note 2: if the person’s partner is receiving a social security pension or service pension or is a long-term social security recipient, the person is entitled to bereavement payments and this subsection does not apply to the person.”.
“Note: a person who is qualified for payments under this Subdivision for the death of the person’s partner may, in some circumstances, be automatically transferred to a sole parent pension after the end of the bereavement period without making a claim for that pension (see subsection 259(4)).”.
17. Section 255 of the Principal Act is amended:
(a) by omitting from subsection (1) “(2) and (3)” and substituting “(2), (3), (4) and (5)”;
(b) by adding at the end the following subsection:
“(5) If a person is not required to make a claim for the sole parent pension because of subsection 259(3) or (4), the person’s provisional commencement day is the day immediately after the end of the bereavement period.”.
18. Section 256 of the Principal Act is amended:
(a) by omitting from paragraph (b) all words after “parent” and substituting:“pension:
(i) on the day on which the partner dies; or
(ii) within 4 weeks after the day on which the partner dies;”;
(b) by omitting from the Note “855” and substituting “255”.
19. Section 259 of the Principal Act is amended:
(a) by omitting from subsection (1) “A”, and substituting “Subject to subsections (3) and (4), a”;
(b) by adding at the end the following subsections:
“(3) If:
(a) a person is receiving a wife pension; and
(b) the person’s partner dies; and
(c) immediately before the end of the bereavement period the person is qualified for wife pension; and
(d) immediately after the end of that period the person is qualified for sole parent pension;
the person does not have to make a claim for the sole parent pension.
“(4) If:
(a) a person is receiving a carer pension for caring for the person’s partner; and
(b) the person’s partner dies; and
(c) immediately before the end of the bereavement period the person is qualified for carer pension; and
(d) immediately after the end of that period the person is qualified for sole parent pension;
the person does not have to make a claim for the sole parent pension.”.
20. Section 299 of the Principal Act is amended:
(a) by omitting from subsection (5) “subsection (5A)” and substituting “subsections (5A) and (5B)”;
(b) by inserting after subsection (5A) the following subsection:
“(5B) If:
(a) the favourable determination is made following the death of the person’s partner; and
(b) before the partner died, the partner:
(i) was not receiving a social security pension or a service pension; and
(ii) was not a long-term social security recipient; and
(c) within the period of 4 weeks that starts on the day after the day on which the partner dies:
(i) the person notifies the Department orally or in writing of their partner’s death; or
(ii) the Secretary otherwise becomes aware of the death;
the determination takes effect on the day on which the partner died.
Note 1: for ‘long-term social security recipient’ see subsection 23(1).
Note 2: if the person’s partner is receiving a social security pension or service pension or is a long-term social security recipient, the person is entitled to bereavement payments and this subsection does not apply to the person.”.
(i) on the day on which the partner dies; or
(ii) within 4 weeks after the day on which the partner dies;”.
22. Section 538 of the Principal Act is amended:(a) by inserting after paragraph (e) the following paragraph:
“(ea) the following conditions apply:
(i) the person is a member of a couple;
(ii) the person’s partner dies;
(iii) immediately before the partner’s death the partner was receiving a social security benefit in relation to which the person was the benefit increase partner;
(iv) within the period of 4 weeks that starts on the day after the day on which the partner dies the former benefit increase partner claims a job search allowance; or”;
(b) by adding at the end the following Note:“Note 7: for ‘benefit increase partner’ see subsection 4(10).”.
“
“592A. If:
(a) a person is a member of a couple; and
(b) the person dies;
then, for the purposes of this Subdivision:
(c) the person is the
deceased recipient; and(d) the person’s partner is the
surviving partner .
“592B.(1) If:
(a) immediately before the deceased recipient dies, the recipient:
(i) was receiving a job search allowance; and
(ii) was a long-term social security recipient; and
(b) the surviving partner was a benefit increase partner in relation to the recipient’s job search allowance;
the partner is qualified for payments under this Subdivision to cover the bereavement period.
Note: for ‘long-term social security recipient’ see subsection 23(1).
“(2) The surviving partner may choose not to receive payments under this Subdivision.
“(3) An election under subsection (2):
(a) must be made by written notice to the Secretary; and
(b) may be made after the surviving partner has been paid an amount or amounts under this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
“592C. If the surviving partner is qualified for payments under this Subdivision, there is payable to the partner:
(a) on each of the deceased recipient’s paydays in the bereavement rate continuation period an amount equal to the amount that would have been payable to the recipient if the recipient had not died; and
(b) on each of what would have been the recipient’s paydays in the bereavement lump sum period an amount equal to the amount that would be payable to the partner if:
(i) the partner was not a member of a couple; and
(ii) the partner was receiving job search allowance.
Note: a surviving partner who is receiving payments under this section is taken to be receiving job search allowance (see subsection 23(4AB)).
“592D. If:
(a) the surviving partner is qualified for payments under this Subdivision in relation to the deceased recipient’s death; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the partner as a lump sum an amount worked out using the lump sum calculator at the end of this section.
This is how to work out the amount of the lump sum:
Take the amount that, if the deceased recipient had not died, would have been payable to the recipient on the recipient’s payday immediately before the first available bereavement adjustment payday: the result is called the | |
Take the amount of job search allowance that, if the surviving partner was not a member of a couple and was receiving job search allowance, would have been payable to the partner on the recipient’s payday immediately before the first available bereavement adjustment payday: the result is called the | |
Take the surviving partner’s individual rate away from the notional combined rate: the result is called the | |
Work out the number of the deceased recipient’s paydays in the lump sum bereavement period. | |
Multiply the deceased recipient’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the partner under this section. |
“592E. If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) the surviving partner dies within the bereavement period; and
(c) the Secretary does not become aware of the deceased recipient’s death before the partner dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
This is how to work out the amount of the lump sum:
Work out the amount that, if neither the surviving partner nor the deceased recipient had died, would have been payable to the recipient on the recipient’s payday immediately after the day on which the recipient dies: the result is called the | |
Work out the number of the deceased recipient’s paydays in the period that commences on the day after the partner dies and ends on the day on which the bereavement period ends. | |
Multiply the notional combined rate by the number obtained in Step 2: the result is the amount of the lump sum payable under this section. |
“592F.(1) If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) after the deceased recipient died, an amount to which the recipient would have been entitled if the recipient had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and
(c) the Secretary is not satisfied that the partner has not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the partner or from the recipient’s personal representative, except to the extent (if any) that the amount exceeds the amount payable to the partner under this Subdivision;
(e) the amount payable to the partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).
“(2) If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) the amount to which the deceased recipient would have been entitled if the recipient had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank, credit union or building society (in this subsection called the
‘financial institution’ ); and(c) the financial institution pays to the partner, out ot the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);
the financial institution is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the recipient’s personal representative or anyone else in respect of the payment of that money to the partner.”.
26. Section 620 of the Principal Act is amended:
(a) by inserting after paragraph (f) the following paragraph:“(fa) the following conditions apply:
(i) the person is a member of a couple;
(ii) the person’s partner dies;
(iii) immediately before the partner’s death the partner was receiving a social security benefit in relation to which the person was the benefit increase partner;
(iv) within the period of 4 weeks that starts on the day after the day on which the partner dies the former benefit increase partner claims a newstart allowance; or”;
(b) by adding at the end the following Note:“Note 7: for ‘benefit increase partner’ see subsection 4(10).”.
“
“660P. If:
(a) a person is a member of a couple; and
(b) the person dies;
then, for the purposes of this Subdivision:
(c) the person is the
deceased recipient ; and(d) the person’s partner is the
surviving partner .
“660Q.(1) If:
(a) immediately before the deceased recipient dies, the recipient:
(i) was receiving a newstart allowance; and
(ii) was a long-term social security recipient; and
(b) the surviving partner was a benefit increase partner in relation to the recipient’s newstart allowance;
the partner is qualified for payments under this Subdivision to cover the bereavement period.
Note: for ‘long-term social security recipient’ see subsection 23(1).
“(2) The surviving partner may choose not to receive payments under this Subdivision.
“(3) An election under subsection (2):
(a) must be made by written notice to the Secretary; and
(b) may be made after the surviving partner has been paid an amount or amounts under this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
“660R. If the surviving partner is qualified for payments under this Subdivision, there is payable to the partner:
(a) on each of the deceased recipient’s paydays in the bereavement rate continuation period an amount equal to the amount that would have been payable to the recipient if the recipient had not died; and
(b) on each of what would have been the recipient’s paydays in the bereavement lump sum period an amount equal to the amount that would be payable to the partner if:
(i) the partner was not a member of a couple; and
(ii) the partner was receiving newstart allowance.
Note: a surviving partner who is receiving payments under this section is taken to be receiving newstart allowance (see subsection 23(4AB)).
“660S. If:
(a) the surviving partner is qualified for payments under this Subdivision in relation to the deceased recipient’s death; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the partner as a lump sum an amount worked out using the lump sum calculator at the end of this section.
This is how to work out the amount of the lump sum:
Take the amount that, if the deceased recipient had not died, would have been payable to the recipient on the recipient’s payday immediately before the first available bereavement adjustment payday: the result is called the | |
Take the amount of newstart allowance that, if the surviving partner was not a member of a couple and was receiving newstart allowance, would have been payable to the partner on the recipient’s payday immediately before the first available bereavement adjustment payday: the result is called the | |
Take the surviving partner’s individual rate away from the notional combined rate: the result is called the | |
Work out the number of the deceased recipient’s paydays in the lump sum bereavement period. | |
Multiply the deceased recipient’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the partner under this section. |
“660T. If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) the surviving partner dies within the bereavement period; and
(c) the Secretary does not become aware of the deceased recipient’s death before the partner dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
This is how to work out the amount of the lump sum:
Work out the amount that, if neither the surviving partner nor the deceased recipient had died, would have been payable to the recipient on the recipient’s payday immediately after the day on which the recipient dies: the result is called the | |
Work out the number of the deceased recipient’s paydays in the period that commences on the day after the partner dies and ends on the day on which the bereavement period ends. | |
Multiply the notional combined rate by the number obtained in Step 2: the result is the amount of the lump sum payable under this section. |
“660U.(1) If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) after the deceased recipient died, an amount to which the recipient would have been entitled if the recipient had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and
(c) the Secretary is not satisfied that the partner has not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the partner or from the recipient’s personal representative, except to the extent (if any) that the amount exceeds the amount payable to the partner under this Subdivision;
(e) the amount payable to the partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).
“(2) If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) the amount to which the deceased recipient would have been entitled if the recipient had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank, credit union or building society (in this subsection called the
‘financial institution’ ); and(c) the financial institution pays to the partner, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);
the financial institution is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the recipient’s personal representative or anyone else in respect of the payment of that money to the partner.”.
30. Section 693 of the Principal Act is amended:(a) by inserting after paragraph (d) the following paragraph:
“; or (e) the following conditions apply:
(i) the person is a member of a couple;
(ii) the person’s partner dies;
(iii) immediately before the partner’s death the partner was receiving a social security benefit in relation to which the person was the benefit increase partner;
(iv) within the period of 4 weeks that starts on the day after the day on which the partner dies the former benefit increase partner claims a sickness allowance.”;
(b) by adding at the end the following Note:“Note 3: for ‘benefit increase partner’ see subsection 4(10).”.
“
“728V. If:
(a) a person is a member of a couple; and
(b) the person dies;
then, for the purposes of this Subdivision:
(c) the person is the
deceased recipient ; and(d) the person’s partner is the
surviving partner .
“728W.(1) If:
(a) immediately before the deceased recipient dies, the recipient:
(i) was receiving a sickness allowance; and
(ii) was a long-term social security recipient; and
(b) the surviving partner was a benefit increase partner in relation to the recipient’s sickness allowance;
the partner is qualified for payments under this Subdivision to cover the bereavement period.
Note: for ‘long-terra social security recipient’ see subsection 23(1).
“(2) The surviving partner may choose not to receive payments under this Subdivision.
“(3) An election under subsection (2):
(a) must be made by written notice to the Secretary; and
(b) may be made after the surviving partner has been paid an amount or amounts under this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
“728X. If the surviving partner is qualified for payments under this Subdivision, there is payable to the partner:
(a) on each of the deceased recipient’s paydays in the bereavement rate continuation period an amount equal to the amount that would have been payable to the recipient if the recipient had not died; and
(b) on each of what would have been the recipient’s paydays in the bereavement lump sum period an amount equal to the amount that would be payable to the partner if:
(i) the partner was not a member of a couple; and
(ii) the partner was receiving sickness allowance.
Note: a surviving partner who is receiving payments under this section is taken to be receiving sickness allowance (see subsection 23(4AB)).
“728Y. If:
(a) the surviving partner is qualified for payments under this Subdivision in relation to the deceased recipient’s death; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the partner as a lump sum an amount worked out using the lump sum calculator at the end of this section.
This is how to work out the amount of the lump sum:
Take the amount that, if the deceased recipient had not died, would have been payable to the recipient on the recipient’s payday immediately before the first available bereavement adjustment payday: the result is called the | |
Take the amount of sickness allowance that, if the surviving partner was not a member of a couple and was receiving sickness allowance, would have been payable to the partner on the recipient’s payday immediately before the first available bereavement adjustment payday: the result is called the |
Take the surviving partner’s individual rate away from the notional combined rate: the result is called the | |
Work out the number of the deceased recipient’s paydays in the lump sum bereavement period. | |
Multiply the deceased recipient’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the partner under this section. |
“728Z. If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) the surviving partner dies within the bereavement period; and
(c) the Secretary does not become aware of the deceased recipient’s death before the partner dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
This is how to work out the amount of the lump sum:
| |
Work out the amount that, if neither the surviving partner nor the deceased recipient had died, would have been payable to the recipient on the recipient’s payday immediately after the day on which the recipient dies: the result is called the | |
Work out the number of the deceased recipient’s paydays in the period that commences on the day after the partner dies and ends on the day on which the bereavement period ends. | |
Multiply the notional combined rate by the number obtained in Step 2: the result is the amount of the lump sum payable under this section. |
“728ZA.(1) If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) after the deceased recipient died, an amount to which the recipient would have been entitled if the recipient had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and
(c) the Secretary is not satisfied that the partner has not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the partner or from the recipient’s personal representative, except to the extent (if any) that the amount exceeds the amount payable to the partner under this Subdivision;
(e) the amount payable to the partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).
“(2) If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) the amount to which the deceased recipient would have been entitled if the recipient had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank, credit union or building society (in this subsection called the
‘financial institution’ ); and(c) the financial institution pays to the partner, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);
the financial institution is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the recipient’s personal representative or anyone else in respect of the payment of that money to the partner.”.
Section 728V in Subdivision B of Division 9 of Part 2.14 of the Principal Act is renumbered as section 728ZB.
After Subdivision A of Division 9 of Part 2.15 of the Principal Act the following Subdivision is inserted:
“
“771A. If:
(a) a person is a member of a couple; and
(b) the person dies;
then, for the purposes of this Subdivision:
(c) the person is the
deceased recipient ; and(d) the person’s partner is the
surviving partner .
“771B.(1) If:
(a) immediately before the deceased recipient dies, the recipient:
(i) was receiving a special benefit; and
(ii) was a long-term social security recipient; and
(b) the surviving partner was a benefit increase partner in relation to the recipient’s special benefit;
the partner is qualified for payments under this Subdivision to cover the bereavement period.
Note: for ‘long-term social security recipient’ see subsection 23(1).
“(2) The surviving partner may choose not to receive payments under this Subdivision.
“(3) An election under subsection (2):
(a) must be made by written notice to the Secretary; and
(b) may be made after the surviving partner has been paid an amount or amounts under this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
“771C. If the surviving partner is qualified for payments under this Subdivision, there is payable to the partner:
(a) on each of the deceased recipient’s paydays in the bereavement rate continuation period an amount equal to the amount that would have been payable to the recipient if the recipient had not died; and
(b) on each of what would have been the recipient’s paydays in the bereavement lump sum period an amount equal to the amount that would be payable to the partner if:
(i) the partner was not a member of a couple; and
(ii) the partner was receiving special benefit.
Note: a surviving partner who is receiving payments under this section is taken to be receiving special benefit (see subsection 23(4AB)).
“771D. If:
(a) the surviving partner is qualified for payments under this Subdivision in relation to the deceased recipient’s death; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the partner as a lump sum an amount worked out using the lump sum calculator at the end of this section.
This is how to work out the amount of the lump sum:
Take the amount that, if the deceased recipient had not died, would have been payable to the recipient on the recipient’s payday immediately before the first available bereavement adjustment payday: the result is called the | |
Take the amount of special benefit that, if the surviving partner was not a member of a couple and was receiving special benefit, would have been payable to the partner on the recipient’s payday immediately before the first available bereavement adjustment payday: the result is called the | |
Take the surviving partner’s individual rate away from the notional combined rate: the result is called the | |
Work out the number of the deceased recipient’s paydays in the lump sum bereavement period. | |
Multiply the deceased recipient’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the partner under this section. |
“771E. If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) the surviving partner dies within the bereavement period; and
(c) the Secretary does not become aware of the deceased recipient’s death before the partner dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
This is how to work out the amount of the lump sum:
| Work out the amount that, if neither the surviving partner nor the deceased recipient had died, would have been payable to the recipient on the recipient’s payday immediately after the day on which the recipient dies: the result is called the |
| Work out the number of the deceased recipient’s paydays in the period that commences on the day after the partner dies and ends on the day on which the bereavement period ends. |
| Multiply the’ notional combined rate by the number obtained in Step 2: the result is the amount of the lump sum payable under this section. |
“771F.(1) If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) after the deceased recipient died, an amount to which the recipient would have been entitled if the recipient had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and
(c) the Secretary is not satisfied that the partner has not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the partner or from the recipient’s personal representative, except to the extent (if any) that the amount exceeds the amount payable to the partner under this Subdivision;
(e) the amount payable to the partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).
“(2) If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) the amount to which the deceased recipient would have been entitled if the recipient had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank, credit union or building society (in this subsection called the
‘financial institution’ ); and(c) the financial institution pays to the partner, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);
the financial institution is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the recipient’s personal representative or anyone else in respect of the payment of that money to the partner.”.
37. Section 820 of the Principal Act is amended:
(a) by omitting from subsection (5) “If and substituting “Subject to subsection (5A), if;
(b) by inserting after subsection (5) the following subsection:
“(5A) If:
(a) the favourable determination is made following the death of the person’s partner; and
(b) before the partner died, the partner:
(i) was not receiving a social security pension or a service pension; and
(ii) was not a long-term social security recipient; and
(c) within the period of 4 weeks that starts on the day after the day on which the partner dies:
(i) the person notifies the Department orally or in writing of their partner’s death; or
(ii) the Secretary otherwise becomes aware of the death;
the determination takes effect on the day on which the partner died.
Note 1: for ‘long-term social security recipient’ see subsection 23(1).
Note 2: if the person’s partner is receiving a social security pension or service pension or is a long-term social security recipient, the person is entitled to bereavement payments and this subsection does not apply to the person.”.
“Note 1: this rule is modified for:
(a) sole parent pension (see subsection 250(2)); and
(b) special needs sole parent pension (see subsection 776(2)); and
(c) certain categories of recipients of job search allowance, sickness allowance and newstart allowance (see point 1068-B2).”.
39. Section 23 of the Principal Act is amended:
(a) by omitting from subsection (1) the definition of “assurance of support debt” and substituting the following definition:“
‘assurance of support debt’ means a debt due and payable by a person to the Commonwealth because of the operation of:
(a) subregulation 165(1) of the Migration Regulations as in force on or before 19 December 1991; or
(b) Regulation 164C of the Migration Regulations as in force after 19 December 1991; or
(c) any provision of the Migration Regulations as in force after 19 December 1991 that has substantially the same effect as the regulation referred to in paragraph (b);
in respect of the payment to another person of:
(d) job search allowance under Part 2.11 of this Act; or
(e) newstart allowance under Part 2.12 of this Act; or
(f) special benefit under Part 2.15 of this Act; or
(g) unemployment benefit under section 116 of the 1947 Act; or
(h) job search allowance under section 117A of the 1947 Act; or
(i) special benefit under section 129 of the 1947 Act;”;
(b) by inserting in subsection (1) the following definition:“
‘assurance of support’ means an assurance of support within the meaning of the Migration Regulations.”.
“517A. A person is not qualified for job search allowance in respect of a period if the Secretary is satisfied that throughout the period:
(a) an assurance of support was in force in respect of the person (in this section called the ‘assuree’); and
(b) the person who gave the assurance of support was willing and able to provide an adequate level of support to the assuree; and
(c) it was reasonable for the assuree to accept that support.
Note: for ‘assurance of support’ see subsection 23(1).”.
“596A. A person is not qualified for newstart allowance in respect of a period if the Secretary is satisfied that throughout the period:
(a) an assurance of support was in force in respect of the person (in this section called the
‘assuree’ ); and(b) the person who gave the assurance of support was willing and able to provide an adequate level of support to the assuree; and
(c) it was reasonable for the assuree to accept that support.
Note: for ‘assurance of support’ see subsection 23(1).”.
42. Section 560 of the Principal Act is amended:
(a) by omitting from subsection (1) “is to” and substituting “may”;
(b) by omitting subsections (2) and (3) and substituting the following subsections:
“(2) The job search training supplement is made up of one or more of the following:
(a) an amount to assist with the person’s expenses in undertaking the training (in this section called the
‘training component’ );(b) an amount to assist with the person’s expenses in living away from the person’s usual residence while undertaking the training (in this section called the
‘living away from home component’ );(c) an amount to assist with the person’s expenses in maintaining the person’s usual residence while living away from that residence and undertaking the training (in this section called the
‘home base maintenance component’ ).“(3) A person is to receive an amount for the training component only if the person has turned 21.
“(4) The maximum amount of the training component is $60.00 per fortnight.
“(5) The maximum amount of the living away from home component is:
(a) if the person has turned 18—$40.00 per fortnight; or
(b) if the person has not turned 18—$30.00 per fortnight.
“(6) The maximum amount of the home base maintenance component is $75.80 per fortnight.
“(7) The Employment Secretary is to calculate the amount (if any) of the job search training supplement by determining:
(a) which of the 3 components the person is to receive; and
(b) the appropriate amount for each component that the person is to receive.”.
43. Section 644 of the Principal Act is amended:
(a) by omitting from subsection (1) “is to” and substituting “may”;
(b) by omitting subsections (2) and (3) and substituting the following subsections:
“(2) The newstart training supplement is made up of one or more of the following:
(a) an amount to assist with the person’s expenses in undertaking the training (in this section called the
‘training component’ );(b) an amount to assist with the person’s expenses in living away from the person’s usual residence while undertaking the training (in this section called the
‘living away from home component’ );(c) an amount to assist with the person’s expenses in maintaining the person’s usual residence while living away from that residence and undertaking the training (in this section called the
‘home base maintenance component’ ).“(3) A person is to receive an amount for the training component only if the person has turned 21.
“(4) The maximum amount of the training component is $60.00 per fortnight.
“(5) The maximum amount of the living away from home component is $40.00 per fortnight.
“(6) The maximum amount of the home base maintenance component is $75.80 per fortnight.
“(7) The Employment Secretary is to calculate the amount (if any) of the newstart training supplement by determining:
(a) which of the 3 components the person is to receive; and
(b) the appropriate amount for each component that the person is to receive.”.
(a) by omitting from paragraph (c) of item 1 in column 2 of Table B “has turned 16 and”;
(b) by omitting from paragraph (c) of item 2 in column 2 of Table B “has turned 16 and”.
(a) by adding at the end of Note 2 to Table B in point 1068-B1 “and point 1068-B2”;
(b) by inserting after point 1068-B1 the following point in Module B:
“1068-B2. For the purposes of items 1, 2, 3, 4, 5, 10 and 11 of Table B in point 1068-B1, a young person who has not turned 16 can be a
(a) the young person is not in full-time education; and
(b) the young person is in receipt of income from employment; and
(c) the rate of that income exceeds $107.70 per week.
Note 1: a young person covered by this point would not normally count as a dependent child (see subsection 5(3)).
Note 2: the amount in paragraph (c) is indexed annually in line with CPI increases (see sections 1191 to 1194).”.
“[paragraph 839(2)(c)]
[subparagraph 953(b)(ii)]”, and substituting:
“[paragraph 776(2)(c)]
[paragraph 839(2)(c)]
[subparagraph 953(b)(iv)]
[paragraph 1068-B2(c)]”.
47. Section 666 of the Principal Act is amended:(a) by omitting subsection (7) and substituting the following subsection:
“(7) If:
(a) a person who is incapacitated for work has turned 18; and
(b) the person was receiving job search allowance immediately before the person became so incapacitated; and
(c) the Secretary does not expect the person to be incapacitated for a period longer than 6 weeks;
the person is not qualified for sickness allowance under subsection (1) for the period of 6 weeks beginning on the day the person became incapacitated.
Note: a person described in this subsection may continue to be qualified for job search allowance for up to 6 weeks (see subsection 514(3)).”;
(b) by omitting subsection (8) and substituting the following subsection:“(8) If:
(a) a person who is incapacitated for work was receiving newstart allowance immediately before the person became so incapacitated; and
(b) the Secretary does not expect the person to be incapacitated for a period longer than 13 weeks;
the person is not qualified for sickness allowance under subsection (1) for the period of 13 weeks beginning on the day the person became incapacitated.
Omit the amendments.
(a) After “the Notes” insert “to subsection (1)”.
(b) Omit “ ‘(2)”, substitute “ ‘(1A)”.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Omit “728Q”, substitute “728S”.
Omit “728R”, substitute “728T”.
Omit “728S”, substitute “728U”.
Repeal the section.
Repeal the section.
Omit “item 3”, substitute “item 2”.
After subparagraph (c)(xxxv) insert:
“(xxxva) telephone allowance;”.
Insert:
“Telephone allowance 24ABZAA”.
Insert:
“24ABZAA. Payments of telephone allowance under Part 2.25 of the
Add at the end:
“Note 3: for ‘long-term social security recipient’ see subsection 23(1).”.
Omit the subsections.
Add at the end:
“Note 3: for ‘long-term social security recipient’ see subsection 23(1).”.
Omit the subsections.
Add at the end:
“Note 3: for ‘long-term social security recipient’ see subsection 23(1).”.
Omit the subsections.
Add at the end:
“Note 3: for ‘long-term social security recipient’ see subsection 23(1).”.
Omit the subsections.
NEW SCHEDULE TO SOCIAL SECURITY ACT 1991
AUSTRALIA AND THE REPUBLIC OF AUSTRIA,
Wishing to strengthen the existing friendly relations between the two countries,
and
Resolved to co-operate in the field of social security;
Have agreed as follows:
PART I
ARTICLE 1
1. In this Agreement:
(a) “national” means, in relation to Australia, an Australian citizen; and, in relation to Austria, an Austrian citizen;
(b) “legislation” means, in relation to Australia, the law specified in subparagraph 1(a) of Article 2; and, in relation to Austria, the laws, regulations and statutory instruments which relate to the branches of social security specified in subparagraph 1(b) of Article 2;
(c) “competent authority” means in relation to Australia, the Secretary to the Department of Social Security; and, in relation to Austria, the Federal Minister responsible for the application of the legislation specified in subparagraph 1(b) of Article 2;
(d) “institution” means, in relation to Australia, the Department of Social Security; and, in relation to Austria, the institution responsible for the application of the Austrian legislation;
(e) “competent institution” means, in relation to Australia, the Department of Social Security; and, in relation to Austria, the
institution competent under the Austrian legislation to deal with the matter in question;
(f) “period of Australian working life residence”, in relation to a person, means a period defined as such in the legislation of Australia but does not include any period deemed pursuant to Article 6 to be a period in which that person was an Australian resident;
(g) “period of insurance in Austria” means a period of insurance defined as such in the Austrian legislation;
(h) “benefit” means, in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any additional amount, increase or supplement that is payable, in addition to that benefit, pension or allowance;
(i) “carer pension” means, in relation to Australia, a carer pension payable to a partner under the legislation of Australia;
(j) “widowed person” means, in relation to Australia, a person who:
(i) stops being a married person or becomes a single person because of the death of the person’s husband or wife; or
(ii) is a class B widow because of the death of her husband or because she is a dependent female,
but does not include a person who has a new partner;
(k) “refugee” means a person defined as a refugee in Article 1 of the Convention relating to the Status of Refugees, dated 28 July 1951, and the Protocol to that Convention, dated 31 January 1967;
(1) “stateless person” means a person defined as a stateless person in Article 1 of the Convention relating to the Status of Stateless Persons, dated 28 September 1954.
2. In the application of this Agreement, any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it by the legislation of either Party.
ARTICLE 2
1. Subject to paragraph 2, this Agreement shall apply to:
(a) in relation to Australia: the
Social Security Act 1991 insofar as the Act provides for, applies to or affects:(i) age pensions,
(ii) invalid pensions,
(iii) wife pensions,
(iv) carer pensions, and
(v) benefits payable to widowed persons; and
(b) in relation to Austria the legislation concerning pension insurance with the exception of the insurance for notaries.
Except as otherwise provided in paragraph 3 this Agreement shall also apply to any legislation which supersedes, replaces, amends, supplements or consolidates the legislation specified in paragraph 1.
Notwithstanding the provisions of paragraph 1:
(a) the legislation of Australia shall not include any laws made, whether before or after the date of signature of this Agreement, for the purpose of giving effect to any agreement on social security; and
(b) this Agreement shall not affect any other agreement on social security which Austria has concluded with a third State, except as it contains provisions relating to the apportionment of insurance burdens.
ARTICLE 3
This Agreement shall apply without any restriction based on nationality to any person who:
(a) is or has been an Australian resident; or
(b) is or has been subject to the Austrian legislation,
and where applicable, to any other person with respect to the rights he or she derives from such a person described in subparagraph (a) or (b).
ARTICLE 4
Unless otherwise provided in this Agreement, nationals of one Party shall, in the application of the legislation of the other Party, receive equal treatment with the nationals of that other Party.
Benefits under the legislation of one Party shall be granted to nationals of the other Party resident outside the territories of both Parties, under the same conditions and to the same extent as they are granted to the nationals of the first Party who reside outside the territories of the Parties.
Paragraph 1 shall not apply to the provisions of the Austrian legislation concerning:
(a) the participation of insured persons and employers in the administration of institutions and associations as well as adjudication in the field of social security;
(b) the apportionment of insurance burdens resulting from agreements with third States; or
(c) the insurance of persons employed at a diplomatic mission or consular post of Austria in a third State or by a member of such a mission or post.
4. Paragraph 1 shall apply with regard to the provisions of Austrian legislation concerning the taking into account of periods of war service and periods considered as such only to Australian nationals who were Austrian nationals immediately before 13 March 1938.
ARTICLE 5
Unless otherwise provided in this Agreement any provision of the legislation of a Party under which qualification for or payment of a benefit is dependent on a person being a resident of, and/or present in the territory of that Party shall not apply to nationals of either Party, refugees or stateless persons, or other persons who derive rights from the foregoing, who are resident in the territory of either Party and present in the territory of either Party.
Benefits of a Party are payable at the request of the beneficiary in the territory of the other Party.
Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable by virtue of this Agreement, is also payable outside the territories of both Parties.
In relation to Australia:
(a) Paragraph 1 shall apply without regard to nationality.
(b) Paragraph 1 shall not apply to a claimant for a wife pension or carer pension who has never been an Australian resident or to rental allowance.
(c) Where qualification for an Australian benefit is subject to limitations as to time, then references to Australia in those limitations shall be read also as references to the territory of Austria.
(d) Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Australian resident and in Australia on the date on which the claim for that benefit is lodged but:
(i) is an Australian resident or residing in the territory of Austria or a third State with which Australia has concluded an agreement on social security that includes provisions for cooperation in the’ assessment and determination of claims for benefits; and
(ii) is in Australia, or in the territory of Austria or that third State,
that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.
5. As regards the Austrian legislation, paragraph 1 shall not apply to the compensatory supplement (Ausgleichszulage).
PART II
ARTICLE 6
1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has, without the application of this Agreement, accumulated:
(a) a period as an Australian resident that is less than the period required to qualify him or her, on that ground, under the legislation of Australia for a benefit; and
(b) a period of Australian working life residence equal to or greater than the minimum period identified in accordance with paragraph 4 for that person
and has accumulated a period of insurance in Austria, then for the purposes of a claim for that Australian benefit, that period of insurance in Austria shall be deemed, only for the purposes of this Article for meeting any period required for qualification for that benefit set out in the legislation of Australia, to be a period in which that person was an Australian resident.
2. For the purposes of paragraph 1, where a person:
(a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a benefit; and
(b) has accumulated a period of insurance in Austria in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (a),
the total of the periods of insurance in Austria shall be deemed to be one continuous period.
For all purposes of this Article, where a period by a person as an Australian resident and a period of insurance in Austria coincide, the period of coincidence shall be taken into account once only by Australia as a period as an Australian resident.
The minimum period of residence in Australia to be taken into account for the purposes of paragraph 1 shall be as follows:
(a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period shall be twelve months of which at least six months must be continuous; and
(b) for the purposes of an Australian benefit that is payable to an Australian resident, no minimum.
5. For the purposes of a claim by a person for a pension payable to a widowed person, that person shall be deemed to have accumulated a period of insurance in Austria for any period for which his or her partner accumulated a period of insurance in Austria but any period during which the person and his or her partner both accumulated a period of insurance in Austria shall be taken into account once only.
ARTICLE 7
Subject to paragraph 2, where an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is outside the territory of Australia, the rate of that benefit shall be determined according to the legislation of Australia but when assessing the income of that person for the purposes of calculating the rate of the Australian benefit only a proportion of any Austrian benefit which is received by that person shall be regarded as income. That proportion shall be calculated by multiplying the number of whole months accumulated by that person in a period of Australian working life residence (not exceeding 300) by the amount of that Austrian benefit and dividing that product by 300.
A person referred to in paragraph 1 shall only be entitled to receive the concessional assessment of income described in that paragraph for any period during which the rate of that person’s Australian benefit is proportionalised under the legislation of Australia.
Where an Australian benefit is payable by virtue of this Agreement or otherwise to a person who is in Austria, any compensatory supplement or social assistance and similar means-tested payment paid by Austria to that person shall be disregarded by Australia in computing that person’s income for the purposes of the legislation of Australia or the application of this Agreement.
Subject to the provisions of paragraph 5, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit shall be determined by:
(a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation the Austrian benefit received by that person;
(b) deducting the amount of the Austrian benefit received by that person from the maximum rate of that Australian benefit; and
(c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person’s income the amount calculated under subparagraph (a).
Where the rate of a benefit calculated in accordance with paragraph 4 is less than the rate of that benefit which would be payable under paragraphs 1, 2 and 3 if the person concerned were outside Australia, the first-mentioned rate shall be increased to an amount equivalent to the second-mentioned rate.
Where a married person is, or both that person and his or her partner are, in receipt of an Austrian benefit or benefits, each of them shall be deemed, for the purposes of paragraph 4 and for the legislation of Australia, to be in receipt of one half of either the amount of that benefit or total of both of those benefits, as the case may be.
For the purposes of paragraph 5, a comparison of the rates of the benefits shall be made as at:
(a) the date of the first pension pay day occurring after the date from which the benefit is payable; and
(b) each anniversary of that pension pay day for so long as the person concerned is entitled to the benefit;
using, in that comparison, the number of months of the period of Australian working life residence accumulated by the person at the date as at which the comparison is made.
ARTICLE 8
A person who receives from Australia an Australian benefit due to the fact that the partner of that person receives, by virtue of this Agreement, another Australian benefit shall, for the purposes of this Agreement, be deemed to receive that first-mentioned benefit by virtue of this Agreement.
PART III
ARTICLE 9
If a person has completed periods of insurance in Austria and periods of Australian working life residence, those periods, insofar as they do not overlap, shall be added together for the purpose of qualification for an Austrian benefit.
ARTICLE 10
1. If a person who has completed periods of insurance in Austria and periods of Australian working life residence, or the survivor of such a person, is claiming a benefit, the competent institution for Austria shall determine the amount of the benefit in the following manner:
(a) the institution shall determine, in accordance with the Austrian legislation, whether the person concerned has an entitlement to a benefit by adding together the periods as provided in Article 9;
(b) if entitlement to a benefit is determined to exist, the institution shall first calculate the theoretical amount of the benefit which would be payable if all the periods completed under the legislation of both Parties had been completed exclusively under the Austrian legislation; in cases where the amount of the benefit is independent of the duration of the period of insurance, this amount shall be taken to be the theoretical amount; and
(c) the institution shall then calculate the partial benefit payable on the basis of the amount calculated in accordance with the provisions of subparagraph (b) in proportion to the ratio between the duration of the periods of insurance to be taken into consideration under the Austrian legislation and the total duration of the periods to be taken into consideration under the legislation of both Parties.
2. Where the periods of insurance to be taken into consideration under the Austrian legislation for the purpose of calculating the amount of a benefit are in aggregate less than twelve months, no benefit under that legislation shall be paid. However, the preceding sentence shall not apply if the entitlement to that benefit has been acquired under the Austrian legislation exclusively on the basis of periods of insurance completed under that legislation.
ARTICLE 11
The competent Austrian institution shall apply Articles 9 and 10 according to the following rules:
In determining the institution responsible for paying a benefit, only periods of insurance in Austria shall be taken into consideration.
Periods of Australian working life residence, during which the person concerned was employed or self-employed, shall be treated as periods of contributions.
Articles 9 and 10 shall apply neither to the conditions of entitlement to nor to the payment of the miners’ long service allowance under the miners’ pension insurance.
For the application of paragraph 1 of Article 10, the following shall apply:
(a) periods during which the insured person has been entitled to an age pension or invalid pension under the legislation of Australia shall be treated as if they were neutral periods;
(b) the basis of assessment shall be determined exclusively on periods of insurance in Austria;
(c) the contributions for supplementary insurance as well as the miners’ supplementary benefit, the helpless person’s allowance and the compensatory supplement shall be disregarded.
For the application of subparagraphs 1(b) and (c) of Article 10, overlapping periods under the legislation of the two Parties shall be taken into consideration as if they did not overlap.
If, for the application of subparagraph 1(c) of Article 10, the total duration of the periods to be taken into consideration under the legislation of both Parties exceeds the maximum number of months of insurance specified under the Austrian legislation for the calculation of the rate of increments, the partial pension payable shall be calculated in proportion to the ratio between the duration of the periods of insurance to be taken into consideration under the Austrian legislation and the above-mentioned maximum number of months of insurance.
For the calculation of the helpless person’s allowance, subparagraphs 1(b) and (c) of Article 10 shall apply; Article 13 shall apply accordingly.
The amount calculated according to subparagraph 1(c) of Article 10 shall be increased, where applicable, by the increments for contributions for supplementary insurance as well as the miners’ supplementary benefit, the helpless person’s allowance and the compensatory supplement.
If the award of benefits under the miners’ pension insurance depends on the completion of essentially mining activities, within the meaning of the Austrian legislation, in specific undertakings, then only those periods of Australian working life residence during which the person was employed in a similar occupation in similar undertakings shall be taken into consideration.
10. The special payments shall be payable in the same amount as the Austrian partial benefit; Article 13 shall apply accordingly.
ARTICLE 12
Where entitlement to a benefit exists under the Austrian legislation without the application of Article 9, the competent Austrian institution shall pay the pension which would be payable exclusively on the basis of the periods of insurance to be taken into consideration under that legislation, provided there is no entitlement to a corresponding benefit under the legislation of Australia.
The pension determined in accordance with paragraph 1 shall be recalculated in accordance with the provisions of Article 10 as soon as entitlement arises to a corresponding benefit under the legislation of Australia. This recalculation shall have effect from the date on which
the benefit under the legislation of Australia becomes payable. The irrevocability of previous decisions shall not prevent this recalculation.
ARTICLE 13
If a person is entitled to a benefit under the Austrian legislation without the application of Article 9, and if such a benefit would be greater than the total of the Austrian benefit calculated in accordance with subparagraph 1(c) of Article 10 and the corresponding Australian benefit, the competent Austrian institution shall pay, as the particial benefit, its benefit so calculated increased by the difference between such total and the benefit which would be payable if the Austrian legislation alone were applied.
PART IV
ARTICLE 14
The date on which a claim, notice or appeal concerning the determination or payment of a benefit under the legislation of a Party is lodged with an authority, institution or other competent body of the other Party shall be treated, for all purposes concerning the matter to which it relates, as the date of lodgement of that document with an authority, institution or other competent body of the first Party.
Any claim for a benefit under the legislation of a Party shall be considered to be a claim for the corresponding benefit under the legislation of the other Party for which the applicant may be qualified if the applicant provides information at the time of claim indicating that the person on whose record benefits are claimed has completed relevant periods of residence or of insurance under the legislation of the other Party and:
(a) the claim is lodged with the institution of the other Party; or
(b) the claim is lodged with the institution of the first Party and that institution sends the claim within three months of its lodgement with that institution to the competent institution of the other Party.
3. In the cases to which paragraphs 1 and 2 of this Article apply, the body to which the submission has been made shall forward the claim, notice or appeal without delay to the corresponding competent body of the other Party.
ARTICLE 15
Where an Austrian institution has made an advance payment to a person for any period and arrears of a corresponding benefit become payable for the same period under the legislation of Australia, the competent institution of Australia shall deduct from those arrears the amount paid by way of advance payment and shall transfer the amount so deducted to the Austrian institution. Where an Austrian institution has overpaid a benefit for any period for which the competent institution of Australia afterwards becomes liable to pay a corresponding benefit, the overpayment shall be regarded, for the purpose of the first sentence, as an advance payment.
Where
(a) an Austrian benefit is paid or payable to a person in respect of a past period;
(b) for all or part of that period, an Australian benefit has been paid to that person; and
(c) the amount of the Australian benefit would have been reduced had the Austrian benefit been paid during that period;
then
(d) the amount of the Australian benefit that would not have been paid had the Austrian benefit described in subparagraph (a) been paid on a periodical basis throughout that past period, shall be a debt due by that person to the Commonwealth of Australia; and
(e) Australia may determine according to the legislation of Australia that the amount or any part of that debt may be deducted from future payments of Australian benefit payable to that person.
3. Where an Austrian institution has not yet paid the benefit described in subparagraph 2(a) to the person:
(a) the Austrian institution shall, at the request of the competent authority of Australia pay the amount of the benefit necessary to meet the debt described in subparagraph 2(d) to the competent institution of Australia and shall pay any excess to the person; and
(b) any shortfall may be recovered by the competent authority of Australia under subparagraph 2(e).
ARTICLE 16
The benefit-paying institution of a Party may discharge its obligations under this Agreement in the national currency of that Party.
A benefit payable by a Party by virtue of this Agreement shall be paid by that Party without deduction for administrative fees and charges.
ARTICLE 17
The competent authorities of the Parties shall, by means of an Arrangement, establish the administrative measures necessary for the application of this Agreement.
The competent authorities shall inform each other of laws that amend, supplement or replace the legislation of their respective Parties.
The competent authorities and institutions of the Parties shall assist each other, including by the communication of any information, in applying the legislation specified in Article 2 and this Agreement, as if they were applying their own legislation. With the exception of cash expenditures relating thereto, such assistance shall be provided free of charge.
The laws of a Party concerning confidentiality shall apply to any information about an individual which is transmitted in accordance with this Agreement to that Party by the other Party. Such information shall be used only for purposes of applying this Agreement or the legislation of a Party.
The competent authorities of the Parties shall, in order to facilitate the application of this Agreement, particularly for the creation of a simple and fast liaison between the institutions concerned, establish liaison agencies.
The institutions and the competent authority of one Party may not reject claims or other documents submitted to them by reason only of the fact that they are written in an official language of the other Party.
If the competent institution of one Party requires an applicant or beneficiary who lives in the territory of the other Party to undergo a medical examination, such examination shall, at the request of that institution, be arranged or carried out by the institution of the latter Party at its expense.
ARTICLE 18
Any exemption or reduction provided for in the legislation of one Party for taxes, stamp duty, legal dues or registration fees for certificates or documents which have to be submitted for the application of this legislation shall be extended also to the respective certificates or documents which must be submitted for the application of this Agreement or the legislation of the other Party.
Documents and certificates of any kind which must be submitted for the application of this Agreement shall not require authentication.
ARTICLE 19
Disagreements arising in connection with the application of this Agreement shall, as far as possible, be resolved by mutual agreement between the competent authorities of the Parties.
If any such disagreement has not been resolved within a period of six months, either Party may submit the matter to binding arbitration by an arbitral body whose composition and procedure shall be agreed upon by the Parties.
PART V
ARTICLE 20
This Agreement shall not establish any entitlement to payment of a benefit for a period before its entry into force.
In determining entitlement to a benefit under this Agreement, periods of insurance in Austria and periods as an Australian resident completed before the entry into force of this Agreement shall also be taken into consideration.
Subject to paragraph 1, this Agreement shall also apply to contingencies which are relevant to an entitlement which occurred before its entry into force, insofar as previously determined entitlements have not been settled by lump-sum payments. If in such cases the claim for a benefit which is payable only by virtue of this Agreement is submitted within one year from the date of entry into force of this Agreement, the benefit shall be determined and paid from that date; otherwise the benefit shall be paid from the date determined under the legislation of each Party.
Subject to the legislation of either Party this Agreement shall not result in any reduction in the amount of any benefit to which entitlement was established prior to its entry into force.
ARTICLE 21
This Agreement shall not affect any existing rights under Austrian legislation of any person who has suffered disadvantages in the field of social security because of political or religious reasons or by reason of descent.
ARTICLE 22
This Agreement shall enter into force on the first day of the third month following the month in which notes are exchanged by the Parties through the diplomatic channel notifying each other that all matters as are necessary to give effect to this Agreement have been finalised.
Subject to paragraph 3, this Agreement shall remain in force until the expiration of twelve months from the date on which either Party receives from the other written notice through the diplomatic channel of the intention of the other Party to terminate this Agreement.
In the event that this Agreement is terminated in accordance with paragraph 2, the Agreement shall continue to have effect in relation to all persons who:
(a) at the date of termination, are in receipt of benefits; or
(b) prior to the expire of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits;
by virtue of this Agreement.
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
DONE in two copies at Canberra this first day of April, 1992 in the English and German languages, each text being equally authoritative.
FOR AUSTRALIA: FOR THE REPUBLIC OF AUSTRIA:
NEAL BLEWETT WALTER HIETSCH.
1. No. 46, 1991, as amended. For previous amendments, see Nos. 68, 69, 70, 73, 74, 115, 116, 141, 175, 194 and 208, 1991; and 12, 1992.
NOTES ABOUT SECTION HEADINGS IN THE SOCIAL SECURITY ACT 1991
1. On the day on which this Act receives the Royal Assent, the heading to section 665 is altered by omitting
“Claim” and substituting“Need for a claim” .2. On the day on which this Act receives the Royal Assent, the heading to section 1034AA is altered by omitting
“child disability allowance” and substituting“double orphan pension” .3. On the day on which this Act receives the Royal Assent, the heading to section 1229 is altered by omitting
“Penalty” and substituting“Additional amount” .
[
House of Representatives on 2 April 1992
Senate on 28 May 1992
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