Social Security Legislation Amendment Act 1993 (Cth)
Section
1. Short title etc.
2. Commencement
3. Application
4. General definitions
5. Prospective determinations for some allowees
6. Prospective determinations for some allowees
7. Debts arising under this Act and the 1947 Act
8. Debts arising from prepayments
9. Overpayments arising under other Acts and schemes
10. Secretary may allow payment of debt by instalments
11. Repeal of section 1235 and substitution of new section:
1235. Meaning of “debt”
12. Amendments relating to use of “social security payment”
13. Penalties
TABLE OF PROVISIONS—
Section
14.
Family relationships definitions—couples15. Standard categories of family situations
16. Benefit Rate Calculator A
17. Benefit Rate Calculator B
18. Replacement Rate Tables
19. Qualification for child disability allowance
20. Repeal of section 955 and substitution of new section:
955. Qualification while person not providing care
21. Provisional commencement day
22. Rate of child disability allowance
23. Secretary may make declaration where 2 people are qualified for child disability allowance for the same young person
24. Schedule 1A
25.
Income test definitions
26. Sole parent pension recipients
27. Application of Part to decisions under the 1947 Act
28. Secretary may review decisions
29. Application for review
30. Commencement of job search allowance
31. Duration of ordinary waiting period
32. Commencement of newstart allowance
33. Duration of ordinary waiting period
34. Qualification for sickness allowance
35. Person undertaking rehabilitation program may qualify for sickness allowance
36. Commencement of sickness allowance
37. Duration of ordinary waiting period
38. Schedule 1B
39. Structure of Division
40. How investment losses are taken into account in working out pension and benefit rates
41. Annualised rate of return or loss on investment product
42. Heading to Subdivision B of Division 1 of Part 3.10
43. Investments made before 1 January 1988 with friendly societies or where no immediate return
TABLE OF PROVISIONS—
Section
44. Insertion of new sections:
1076. How investment losses are taken into account in working out pension and benefit rates
1077. Market-linked investments made or acquired before 9 September 1988
1078. Special provisions about certain investments made before 9 September 1988
1079. How investment losses are taken into account in working out pension and benefit rates
1080. Early withdrawal from superannuation fund
1081. How investment losses are taken into account in working out pension and benefit rates
1082. Limit on reduction of ordinary income for losses
45. Repeal of Subdivision C of Division 1 of Part 3.10
46. Provisions affecting superannuation fund investments before pension age
47. Repeal of section 1097A
48. Rate of return decision amendments
49. Insertion of new section:
831A. FP child of approved care organisation
50. FP child—prescribed student child not included
51. FP child—child over 16
52. Repeal of section 834
53. FP child of a person—residence requirements
54. Repeal of section 839 and substitution of new section:
839. Qualification for approved care organisation family payment
55. Family payment generally not payable before claim
56. Family payment provisional commencement day
57. Insertion of new section:
845A. Backdating—grant under prescribed educational scheme
58. Date of effect of favourable determination
59. Continuation of qualification for family payment for 4 weeks in some cases where recipient’s only FP child dies
60. Family Payment Rate Calculator
61. Access to financial hardship rules—family payment
62. Indexed and adjusted amounts
63. Debts arising under this Act and the 1947 Act
64. Index of definitions
65. General definitions
66. Multiple entitlement exclusion
67. Ordinary waiting period
68. Multiple entitlement exclusion
69. Ordinary waiting period
70. Benefit Rate Calculator A
71. Benefit Rate Calculator B
72. General definitions
Division 14 — Mobility allowance 73. Qualification for mobility allowance
74. Schedule 1A
TABLE OF PROVISIONS—
Section
75. General effect of Part
76. Reduction in rate of payments under this Act if recipient or partner also receiving payments under New Enterprise Incentive Scheme (NEIS) or Aboriginal Employment Incentive Scheme (AEIS)
77. Amendments of the Principal Act
78. Amendments of other Acts
79. Principal Act
80. Investments to which this Subdivision applies
81. Principal Act
82. Investments to which this Subdivision applies
PEOPLE WITH PARTNERS IN GAOL (REPLACEMENT TABLES)
RATE OF RETURN DECISION AMENDMENTS
CONSEQUENTIAL, MINOR AND TECHNICAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
PART 1—AMENDMENTS COMMENCING ON ROYAL ASSENT
PART 2—AMENDMENT COMMENCING ON 1 JULY 1991
PART 3—AMENDMENTS COMMENCING ON 12 NOVEMBER 1991, IMMEDIATELY
AFTER THE COMMENCEMENT OF PART 2 OF SCHEDULE 2 TO THE SOCIAL
SECURITY LEGISLATION AMENDMENT ACT (NO. 4) 1991
PART 4—AMENDMENT COMMENCING ON 12 NOVEMBER 1991, IMMEDIATELY
AFTER THE COMMENCEMENT OF PART 6 OF SCHEDULE 3 TO THE SOCIAL
SECURITY LEGISLATION AMENDMENT ACT (NO. 2) 1992
PART 5—AMENDMENT COMMENCING ON 24 DECEMBER 1992, IMMEDIATELY
AFTER THE SOCIAL SECURITY LEGISLATION
AMENDMENT ACT (NO. 2) 1992 RECEIVED THE ROYAL ASSENT
PART 6—AMENDMENTS COMMENCING ON 1 JANUARY 1993
PART 7—AMENDMENTS COMMENCING ON 1 JANUARY 1993, IMMEDIATELY AFTER THE COMMENCEMENT OF THE SOCIAL SECURITY (FAMILY PAYMENT) AMENDMENT ACT 1992
PART 8—AMENDMENT COMMENCING ON 1 JANUARY 1993, IMMEDIATELY AFTER THE COMMENCEMENT OF SECTION 59 OF THE SOCIAL SECURITY LEGISLATION AMENDMENT ACT (NO. 2) 1992
TABLE OF PROVISIONS—
PART 9—AMENDMENT COMMENCING ON 1 JANUARY 1993,
IMMEDIATELY AFTER THE COMMENCEMENT OF DIVISION 23 OF
PART 2 OF THE SOCIAL SECURITY LEGISLATION AMENDMENT
ACT (NO. 3) 1992
PART 10—AMENDMENTS COMMENCING ON 28 JANUARY 1993
PART 11—AMENDMENTS COMMENCING ON 20 MARCH 1993, IMMEDIATELY
AFTER THE COMMENCEMENT OF DIVISION 8 OF PART 2 OF THE SOCIAL
SECURITY LEGISLATION AMENDMENT ACT (NO. 3) 1992
PART 12—AMENDMENTS COMMENCING ON 25 MARCH 1993
PART 13—AMENDMENTS COMMENCING ON 1 APRIL 1993
FART 14—AMENDMENTS COMMENCING ON 1 JULY 1993
PART 15—AMENDMENT COMMENCING ON 20 SEPTEMBER 1993
AMENDMENTS OF OTHER ACTS
PART 1—AMENDMENT OF THE SOCIAL SECURITY LEGISLATION
AMENDMENT ACT (NO. 2) 1992
PART 2—AMENDMENTS OF THE SOCIAL SECURITY LEGISLATION
AMENDMENT ACT (NO. 3) 1992
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO
THE USE OF “SOCIAL SECURITY PAYMENT”
[
The Parliament of Australia enacts:
(2) In this Act,“Principal Act” means theSocial Security Act 1991 1 .
(a) Part 1;
(b) Division 1 of Part 2 (except section 9);
(c) Division 2 of Part 2;
(d) Divisions 4, 5, 12, 13, 14 and 15 of Part 2;
(e) sections 34 and 35;
(f) Division 11 of Part 2 (except sections 59 and 61);
(g) Part 3;
(h) Part 1 of Schedule 3;
(i) Schedule 5.
(2) Section 16 commences immediately after section 70.
(3) Section 17 commences immediately after section 71.
(4) Part 2 of Schedule 3 is taken to have commenced on 1 July 1991.
(9) Part 6 of Schedule 3 is taken to have commenced on 1 January 1993.
(18) Part 13 of Schedule 3 is taken to have commenced on 1 April 1993.
(21) Section 48 and Schedule 2 commence on 1 January 1994.
(2) The amendment made by paragraph 29(b) applies to:(a) a decision of an officer under the
Social Security Act 1991 ; and(b) a decision under section 5A, 5B, 5C, 5D, 5E or 5EA of the
Health Insurance Act 1973 ;
if the decision was made on or after 1 January 1993.
“
(a) a social security pension; or
(b) a social security benefit; or
(c) an allowance under this Act; or
(d) a family payment; or
(e) any other kind of payment under Chapter 2 of this Act; or
(f) a pension, benefit or allowance under the 1947 Act;”.
5. Section 521 of the Principal Act is amended by omitting subsection (3).
6. Section 600 of the Principal Act is amended by omitting subsection (3).
7. Section 1223 of the Principal Act is amended:(a) by omitting subsections (2) and (3) and substituting the following subsection:
Recalculation of amount of family payment “(3) Subject to subsection (4), if:
(a) an amount (the
‘received amount’ ) has been paid to a person by way of family payment; and(b) the person’s rate of family payment is recalculated under:
(i) section 884 (amendment of assessable income); or
(ii) section 885 (underestimate of taxable income); or
(iii) section 886 (failure to notify notifiable event); and
(c) the received amount is more than the amount (the
‘correct amount’ ) of the family payment payable to the person;the difference between the received amount and the correct amount is a debt due to the Commonwealth.
Note: For the date of effect of a determination made to take account of an amendment of assessable income, see section 890.”;
(b) by omitting subsection (11).
“(1) If:
(a) a person has received a prepayment of a social security benefit for a period; and
(b) the person fails to provide a statement under section 575 (job search allowance) or 658 (newstart allowance) in relation to the period;
the amount of the prepayment is a debt due to the Commonwealth.
“(1A) If the Secretary is satisfied that, in the special circumstances of the case, it is appropriate to do so, the Secretary may determine in writing that subsection (1) does not apply to the prepayment.
“(1B) If:
(a) a person has received a prepayment of a social security benefit for a period; and
(b) the amount of the prepayment is more than the amount (if any) (the
‘correct amount’ ) of social security benefit that would have been payable to the person if:(i) the prepayment had not been made; and
(ii) the person had not made a false statement or false representation in relation to matters that affect payment for the period; and
(iii) the person had not failed or omitted to comply with a provision of this Act in relation to matters that affect payment for the period; and
(c) subsection (1) does not apply to the prepayment;
the difference between the prepayment and the correct amount is a debt due to the Commonwealth.
“(1C) A debt due to the Commonwealth under subsection (1) or (1B) is recoverable by the Commonwealth by means of:
(a) if the person is receiving a social security payment—deductions from that person’s social security payment; or
(b) if section 1234A applies to another person who is receiving a social security payment under this Act—deductions from that other person’s social security payment; or
(c) legal proceedings; or
(d) garnishee notice.
Note 1: For deductions see sections 1231 and 1234A.
Note 2: For legal proceedings see section 1232.
Note 3: For garnishee notice see section 1233.”.
“(2B) A debt referred to in section 79 of the
“(3) In subsection (1),
‘debt’ means:(a) a debt recoverable by the Commonwealth under Part 5.2; or
(b) a debt under the 1947 Act.
Note: Overpayments under section 1228 are not debts for the purposes of Part 5.2.”.
“1235. In this Part,
‘debt’ means:(a) a debt recoverable by the Commonwealth under Part 5.2; or
(b) a debt under the 1947 Act.
Note: Overpayments under section 1228 are not debts for the purposes of Part 5.2.”.
12. The Principal Act is amended as set out in Schedule 5.
14. Section 4 of the Principal Act is amended:
(a) by inserting in subsection (1) the following definition:“
‘partnered (partner in gaol)’ has the meaning given by subsection (11);”;
(b) by inserting after paragraph (11)(e) the following word and paragraph:“; and (f) a person is
partnered (partner in gaol) if the person is a member of a couple and the person’s partner is:(i) in gaol; or
(ii) undergoing psychiatric confinement because the partner has been charged with committing an offence.”;
(c) by adding at the end of subsection (11) the following Notes:
“Note 2: For ‘in gaol’ see subsection 23(5).
Note 3: For ‘psychiatric confinement’ see subsections 23(8) and (9).”.
“; partnered (partner in gaol)”.
16. The Rate Calculator in section 1067 of the Principal Act is amended:
(a) by inserting after paragraph 1067-C2(e) the following word and paragraph:“; or(f) the person’s partner is:
(i) in gaol; or
(ii) undergoing psychiatric confinement because the partner has been charged with committing an offence.”;
(b) by adding at the end of point 1067-C2 the following Notes:“Note 3: For ‘in gaol’ see subsection 23(5).
Note 4: For ‘psychiatric confinement’ see subsections 23(8) and (9).”.
17. The Rate Calculator in section 1068 of the Principal Act is amended:
(a) by inserting after paragraph 1068-C3(e) the following word and paragraph:“; or (f) the person’s partner is:
(i) in gaol; or
(ii) undergoing psychiatric confinement because the partner has been charged with committing an offence.”;
(b) by adding at the end of point 1068-C3 the following Notes:“Note 3: For ‘in gaol’ see subsection 23(5).
Note 4: For ‘psychiatric confinement’ see subsections 23(8) and (9).”.
18. The Principal Act is amended as set out in Schedule 1.
19 . Section 954 of the Principal Act is amended:
(a) by omitting Note 4 to subsection (1) and substituting the following Note:“Note 4: If the young person is absent during part of a day but is otherwise being cared for by the person, the person receives the full rate of allowance. If the person does not provide care to the young person because the young person is away receiving education, training or treatment (but not in hospital), the person may remain qualified for the allowance (see subsection 955(4)) but the person’s rate will be reduced under section 967.”;
(b) by omitting subsection (2) and substituting the following subsection:“(2) Two people are each qualified for child disability allowance for a young person if between them they provide the care and attention referred to in subsection (1) for the young person.
Note: If the Secretary is satisfied that 2 people are each qualified for child disability allowance for the same young person, the Secretary may, by declaration, specify the share of child disability allowance that each person is to receive (see section 975A).”.
“955.(1) If:
(a) a person would, apart from this subsection, stop being qualified for a child disability allowance for a CDA child for a period, or periods, in a particular calendar year, because during the period, or periods, the child is not receiving care and attention on a daily basis from:
(i) if the person is a member of a couple—the person or the person’s partner; or
(ii) if the person is not a member of a couple—the person;
in a private home that is the residence of the person and the child; and
(b) during the period, or periods, the child is in respite care or is in hospital; and
(c) the period, or the aggregate of the periods, during which the child is in respite care (if any) does not exceed, or is not likely to exceed, 42 days in that calendar year; and
(d) the period, or the aggregate of the periods, during which the child is in a hospital (if any) does not exceed, or is not likely to exceed, 42 days in that calendar year;
the person continues to be qualified for a child disability allowance for the CDA child during the period or periods.
Note 1: A person who continues to be qualified because of subsection (1) will receive the full rate of child disability allowance.
Note 2: For circumstances which are not respite care see subsection (3).
“(2) If:
(a) a person would, apart from this subsection, stop being qualified for a child disability allowance for a CDA child for a period because during the period the child is not receiving care and attention on a daily basis from:
(i) if the person is a member of a couple—the person or the person’s partner; or
(ii) if the person is not a member of a couple—the person;
in a private home that is the residence of the person and the child; and
(b) during the period the child is in short-term respite care or is in a hospital on a short-term basis; and
(c) subsection (1) does not apply to the period;
the Secretary may decide that the person continues to be qualified for a child disability allowance for the child for a period determined by the Secretary.
Note 1: A person who continues to be qualified because of subsection (2) will receive the full rate of child disability allowance.
Note 2: For circumstances which are not respite care see subsection (3).
“(3) For the purposes of subsections (1) and (2), a CDA child who is boarding away from home to receive education, training or treatment is taken not to be in respite care.
“(4) If:
(a) a person would, apart from this subsection, stop being qualified for a child disability allowance for a CDA child for a period because during the period the child is not receiving care and attention on a daily basis from:
(i) if the person is a member of a couple—the person or the person’s partner; or
(ii) if the person is not a member of a couple—the person;
in a private home that is the residence of the person and the child; and
(b) during the period, the child is, or is likely to be, receiving education, training or treatment (other than treatment in hospital); and
(c) subsection (1) does not apply to the period;
the person continues to be qualified for a child disability allowance for the child during the period.
Note: A person who is qualified for a child disability allowance because of subsection (4) will receive a reduced rate (see subsection 967(2)).”.
21 . Section 958 of the Principal Act is amended:
(a) by omitting from subsection (1) “subsection (2) and”;
(b) by omitting subsection (2).
22. Section 967 of the Principal Act is amended:
(a) by omitting from subsection (1) “, (3)”;
(b) by omitting subsections (2), (3) and (4) and substituting the following subsection:
Reduced rate of child disability allowance if child receiving education, training or treatment (but not in hospital) “(2) If on one or more days in the period of 14 days ending on a family payment payday, a person would have stopped being qualified for a child disability allowance for a CDA child apart from subsection 955(4) (child receiving education, training or treatment (but not in hospital)), the rate of child disability allowance payable to the person on the family payment payday for the CDA child is to be reduced by the following amount for each day in the period to which this subsection applies:
(c) by omitting from subsection (5) “by” and substituting “in a declaration under”.
“(1) If the Secretary is satisfied that 2 people are each qualified under subsection 954(2) for child disability allowance for the same young person, the Secretary is to make a declaration:
(a) stating that the Secretary is satisfied that the 2 people are each qualified for child disability allowance for the young person; and
(b) specifying the share of the child disability allowance for the young person that each of the 2 people is to receive.”.
“64.(1) This clause applies to a person if:
(a) the person is receiving child disability allowance for a young person immediately before the commencement of this clause; or
(b) the person has claimed child disability allowance for a young person and the person’s claim is not determined before the commencement of this clause.
“(2) If a person to whom this clause applies:
(a) is not qualified for child disability allowance for that young person under subsections 955(1) and 955(2) of this Act as in force immediately after that commencement; and
(b) would have been qualified for child disability allowance for that young person under subsection 955(3) of this Act as in force immediately before that commencement;
subsection 955(3) of this Act as in force immediately before that commencement continues to apply to the person.
“(3) If subclause (2) ceases to apply to the person, that subclause does not apply to the person again.
“(4) If subclause (2) applies to a person, the person’s rate of child disability allowance is the rate in section 967 of this Act as in force immediately before the commencement of this clause that would apply in respect of the young person.
“65.(1) Despite the repeal of subsection 975A(1) of this Act by section 23 of the
“(2) If:
(a) 2 people are each qualified for child disability allowance for the same young person; and
(b) the Secretary has made a declaration under subsection 975A(1) of this Act as in force immediately before the commencement of this clause in respect of child disability allowance for the young person;
the person’s rate of child disability allowance is the share specified by that subsection of the child disability allowance rate in section 967 of this Act as in force immediately before the commencement of this clause that would otherwise apply in respect of the young person.
“(3) The Secretary may amend or revoke a declaration referred to in subclause (1).”.
“(vb) a payment made by the New South Wales Medically-Acquired HIV Trust to a person by way of financial assistance with expenses incurred in relation to a person who has medically acquired HIV infection;”.
“; and (e) has no dependent children.”.
“Note: For ‘rate of return decision’ see subsection 9(1).”.
29. Section 1240 of the Principal Act is amended:
(a) by adding at the end of subsection (1) the following Note:“Note 2: For ‘rate of return decision’ see subsection 9(1).”;
(b) by adding at the end the following subsection:“(4) If:
(a) a person who may apply to the Secretary for review of a decision under subsection (1) has not so applied; and
(b) the person applies to the Social Security Appeals Tribunal for review of the decision;
the person is taken to apply to the Secretary for review of the decision under subsection (1) on the day on which the person applies to the Social Security Appeals Tribunal.”.
Note 3: If the person:
(a) is subject to an unused annual leave waiting period; and
(b) is subject to an ordinary waiting period;
the ordinary waiting period will follow the unused annual leave waiting period (see subsection 539(2)).
Note 4: If the person is subject to an education leavers waiting period and another waiting period, the education leavers waiting period runs concurrently with the other waiting period and the job search allowance will not be payable until the longest waiting period has ended.
Note 5: If the person is subject to a newly arrived resident’s waiting period and another waiting period, the newly arrived resident’s waiting period runs concurrently with the other waiting period and the job search allowance will not be payable until the longest waiting period has ended.”.
31. Section 539 of the Principal Act is amended:
(a) by omitting paragraph (1)(ba);
(b) by adding at the end of subsection (1) the following Notes:“Note 2: If the person is subject to an education leavers waiting period, the education leavers waiting period runs concurrently with the ordinary waiting period.
Note 3: If the person is subject to a newly arrived resident’s waiting period, the newly arrived resident’s waiting period runs concurrently with the ordinary waiting period.”;
(c) by omitting paragraph (2)(c);
(d) by adding at the end of subsection (2) the following Notes:“Note 1: If the person is subject to an education leavers waiting period, the education leavers waiting period runs concurrently with the unused annual leave waiting period and the ordinary waiting period.
“Note 2: If the person is subject to a newly arrived resident’s waiting period, the newly arrived resident’s waiting period runs concurrently with the unused annual leave waiting period and the ordinary waiting period.”;
(e) by omitting subsections (2A) and (2B);
(f) by omitting paragraph (3)(b).
“Note 3: If the person:
(a) is subject to an unused annual leave waiting period; and
(b) is subject to an ordinary waiting period;
the ordinary waiting period will follow the unused annual leave waiting period (see subsection 621(2)).
Note 4: If the person is subject to an education leavers waiting period and another waiting period, the education leavers waiting period runs concurrently with the other waiting period and the newstart allowance will not be payable until the longest waiting period has ended.
Note 5: If the person is subject to a newly arrived resident’s waiting period and another waiting period, the newly arrived resident’s waiting period runs concurrently with the other waiting period and the newstart allowance will not be payable until the longest waiting period has ended.”.
33. Section 621 of the Principal Act is amended:
(a) by omitting paragraph (1)(ba);
(b) by adding at the end of subsection (1) the following Notes:Note 2: If the person is subject to an education leavers waiting period, the education leavers waiting period runs concurrently with the ordinary waiting period.
Note 3: If the person is subject to a newly arrived resident’s waiting period, the newly arrived resident’s waiting period runs concurrently with the ordinary waiting period.”;
(c) by omitting paragraph (2)(c);
(d) by adding at the end of subsection (2) the following Notes:“Note 1: If the person is subject to an education leavers waiting period, the education leavers waiting period runs concurrently with the unused annual leave waiting period and the ordinary waiting period.
Note 2: If the person is subject to a newly arrived resident’s waiting period, the newly arrived resident’s waiting period runs concurrently with the unused annual leave waiting period and the ordinary waiting period.”;
(e) by omitting subsections (2A) and (2B);
(f) by omitting paragraph (3)(b).
34. Section 666 of the Principal Act is amended:
(a) by omitting from paragraph (1)(g) “, or is likely to be,”;
(b) by omitting from paragraph (1)(h) “, or is likely to be,”;
(c) by omitting from subparagraph (1A)(h)(iii) “, or is likely to be,”;
(d) by omitting from subparagraph (1A)(h)(iv) “, or is likely to be,”.
35. Section 667 of the Principal Act is amended:
(a) by omitting from paragraph (4)(c) “, or is likely to be,”;
(b) by omitting from paragraph (4)(d) “, or is likely to be,”.
36. Section 688 of the Principal Act is amended:
(a) by omitting paragraphs (2)(b) and (c) and substituting the following paragraph:“(b) the person is not subject to a waiting period;”;
“Note 1: A waiting period is:
(a) an unused annual leave waiting period (see sections 690 to 692); or
(b) an ordinary waiting period (see sections 693 and 694); or
(c) an education leavers waiting period (see sections 695 to 696A); or
(d) a newly arrived resident’s waiting period (see sections 696B and 696C).”;
(c) by omitting subsections (3), (4) and (4A) and substituting the following subsection:
Claim within 5 weeks of incapacity and waiting period applying “(3) If the person:
(a) claims the allowance within 5 weeks after the day on which the person becomes incapacitated for work; and
(b) the person is subject to a waiting period;
the allowance is not payable to the person before the first day after the end of the waiting period.
Note 1: If the person:
(a) is subject to an unused annual leave waiting period; and
(b) an ordinary waiting period;
the ordinary waiting period will follow the unused annual leave waiting period (see subsection 694(2)).
Note 2: If the person is subject to an education leavers waiting period and another waiting period, the education leavers waiting period runs concurrently with the other waiting period and the sickness allowance will not be payable until the longest waiting period has ended.
Note 3: If the person is subject to a newly arrived resident’s waiting period and another waiting period, the newly arrived resident’s waiting period runs concurrently with the other waiting period and the sickness allowance will not be payable until the longest waiting period has ended.”;
(d) by omitting paragraphs (6)(b) and (c) and substituting the following paragraph:“(b) if the person is subject to a waiting period—must not be earlier than the first day after the end of the waiting period.
Note 1: If the person:
(a) is subject to an unused annual leave waiting period; and
(b) an ordinary waiting period;
the ordinary waiting period will follow the unused annual leave waiting period (see subsection 694(2)).
Note 2: If the person is subject to an education leavers waiting period and another waiting period, the education leavers waiting period runs concurrently with the other waiting period and the sickness allowance will not be payable until the longest waiting period has ended.
Note 3: If the person is subject to a newly arrived resident’s waiting period and another waiting period, the newly arrived resident’s waiting period runs concurrently with the other waiting period and the sickness allowance will not be payable until the longest waiting period has ended.”.
37. Section 694 of the Principal Act is amended:
(a) by omitting paragraph (1)(ba);
(b) by adding at the end of subsection (1) the following Notes:“Note 1: For ‘provisional commencement day’ see section 687.
Note 2: If the person is subject to an education leavers waiting period, the education leavers waiting period runs concurrently with the ordinary waiting period.
Note 3: If the person is subject to a newly arrived resident’s waiting period, the newly arrived resident’s waiting period runs concurrently with the ordinary waiting period.”;
(c) by omitting paragraph (2)(c);
(d) by adding at the end of subsection (2) the following Notes:“Note 1: If the person is subject to an education leavers waiting period, the education leavers waiting period runs concurrently with the unused annual leave waiting period and the ordinary waiting period.
Note 2: If the person is subject to a newly arrived resident’s waiting period, the newly arrived resident’s waiting period runs concurrently with the unused annual leave waiting period and the ordinary waiting period.”;
(e) by omitting subsections (2A) and (2B);
(f) by omitting paragraph (3)(ba).
39. Section 1073 of the Principal Act is amended:
(a) by omitting from column 3 in the Table in subsection (1) “1075” and substituting “1075-1076”;
(b) by omitting from column 3 in the Table in subsection (1) “1082-1083” and substituting “1077-1079”;
(c) by omitting from column 3 in the Table in subsection (1) “1097” and substituting “1080, 1097”.
40. Section 1074C of the Principal Act is amended:
(a) by omitting from subsection (2) “increases to be made under section 1074B” and substituting “investment-related increases in income made”;
(b) by adding at the end the following subsection:“(3) For the purposes of subsection (2), an
‘investment-related increase in income’ is an increase in the person’s ordinary income on a yearly basis:(a) that is made under section 1074B; or
(b) that:
(i) is attributable to an investment to which Subdivision B applies; and
(ii) is not attributable to a realisation to which section 1075, 1077 or 1080 applies.”.
“(a) if only one rate of return on the product has been declared during the period—the declared rate of return; or
(aa) if 2 or more rates of return on the product have been declared during the period—the average of those declared rates of return; or”.
“(2) If subsection (1) applied to an investment because it was with a friendly society, subsection (1) does not cease to apply to the investment merely because the society ceases to be a friendly society. Subsection (1), however, only continues to apply to the investment while the terms of the investment remain substantially the same as they were when the investment was with a friendly society.
Note: This subsection is intended to deal with cases in which a friendly society restructures and as a result of the restructuring loses its friendly society status. If the terms of the investment remain substantially the same, the investor can still have the investment dealt with under this section.”.
“1076.(1) If:
(a) a person has an investment; and
(b) section 1075 applies to the investment; and
(c) the investment is realised at a loss;
the person’s ordinary income is taken to be reduced during each week in the 12 months commencing on the day on which the person realises the investment by the amount worked out using the formula:
where:
Note: For ‘assessable period’ see subsection 9(1).
“(2) Subsection (1) has effect subject to section 1082 (limits on offsetting losses).
“1077.(1) Subject to subsection (4), if a person realises a market-linked investment that was made or acquired before 9 September 1988 and receives an amount by way of return, the person is taken to receive as ordinary income of the person during each week in the 12 months commencing on the day on which the person realises the investment the amount worked out using the formula:
where:
Note: For ‘assessable period’ see subsection 9(1).
“(2) For the purposes of subsection (1), a person realises an investment if, and only if:
(a) all or part of the amount of the investment is withdrawn; or
(b) where the investment is an eligible investment in a body corporate or trust fund—the person transfers all or part of the investment to another body corporate or trust fund; or
(c) all or part of the return on the investment is paid to another person; or
(d) the investment matures; or
(e) the investment is assigned by the person to another person; or
(f) the investment is disposed of by the person otherwise than in the way referred to in paragraph (e).
“(3) For the purposes of this section, if a person realises an investment in circumstances where the return on the investment is paid to another person, the return is taken to be received by the person realising the investment.
“(4) This section does not apply to the realisation of a person’s market-linked investment if:
(a) the investment is in a public unit trust; and
(b) the trust is a property trust; and
(c) the trust is not listed on a stock exchange; and
(d) the person made or acquired the investment before 9 September 1988; and
(e) the investment is realised on or after 24 July 1991 and before 23 July 1992; and
(f) the investment is realised due to a restructuring of the trust.
“(5) For the purposes of paragraph (4)(f), a person’s investment is realised due to a restructuring if:
(a) in realising the investment the person exchanges the investment for an investment in another public unit trust that is a property trust; and
(b) the same manager manages both the investments referred to in paragraph (a).
“1078.(1) If:
(a) before 9 September 1988, a person made or acquired a market-linked investment; and
(b) under an agreement made before 9 September 1988, dividends payable to the person in respect of that investment are not paid to the person directly but are invested in the person’s name in market-linked investments included in the same investment product;
any market-linked investment arising from the investment of a dividend pursuant to that agreement on or after 9 September 1988 is taken, for the purposes of this Subdivision, to have been made, or acquired, by the person before 9 September 1988.
“(2) Subsections (3) and (4) apply if, at any time after 9 September 1988:
(a) a person held, or holds, 2 or more market-linked investments included in the same investment product; and
(b) at least one of the investments was made, or acquired, by the person before 9 September 1988 and at least one of the investments was made or acquired on or after that day; and
(c) the person disposed, or disposes, of any of those investments.
“(3) If the amount received in respect of the disposal is or was greater than or equal to:
(a) the value or amount, at the time of the disposal, of the investment made, or acquired, by the person before 9 September 1988; or
(b) the sum of the values or amounts, at the time of the disposal, of the investments made, or acquired, by the person before 9 September 1988;
as the case requires, the person is taken, for the purposes of this Subdivision, to have disposed of the whole of that investment or those investments.
“(4) If the amount received in respect of the disposal (the
(a) the value or amount, at the time of the disposal, of the investment made before 9 September 1988; or
(b) the sum of the values or amounts, at the time of the disposal, of the investments made before 9 September 1988;
as the case requires, the person is to be taken, for the purposes of this Subdivision, to have disposed of so much of that investment or those investments as is equal to the disposal amount.
“1079.(1) If:
(a) a person has an investment; and
(b) section 1077 applies to the investment; and
(c) the investment is realised at a loss;
the person’s ordinary income is taken to be reduced during each week in the 12 months commencing on the day on which the person realises the investment by the amount worked out using the formula:
where:
Note: For ‘assessable period’ see subsection 9(1).
“(2) Subsection (1) has effect subject to section 1082 (limits on offsetting losses).
“1080. If:
(a) a person realises an investment in a superannuation fund, approved deposit fund or deferred annuity before the person reaches pension age; and
(b) the amount realised is not rolled over into:
(i) a superannuation fund; or
(ii) an approved deposit fund; or
(iii) a deferred annuity; or
(iv) an immediate annuity;
the person is taken to receive one fifty-second of the assessable growth component of that amount as ordinary income of the person during each week in the period of 12 months commencing on the day on which the person realises the investment.
Note: For ‘assessable growth component’ see subsection 9(1).
“1081.(1) If:
(a) a person has an investment; and
(b) section 1080 applies to the investment; and
(c) the investment is realised at a loss;
the person’s ordinary income is taken to be reduced during each week in the 12 months commencing on the day on which the person realises the investment by the amount worked out using the formula:
where:
Note: For ‘assessable period’ see subsection 9(1).
“(2) Subsection (1) has effect subject to section 1082 (limits on offsetting losses).
“1082. The sum of the reductions under sections 1076, 1079 and 1081 in calculating a person’s rate as at a particular day are not to exceed the sum of the increases to be made under sections 1075, 1077 and 1080 in working out the person’s pension or benefit rate as at that day.”.
47. Section 1097A of the Principal Act is repealed.
48. The Principal Act is amended as set out in Schedule 2 to this Act.
“831A.(1) Subject to subsections (2) and (3) and sections 832 and 833, a person is an FP child of an approved care organisation if:
(a) the person is a young person; and
(b) the person is a client of the organisation; and
(c) the person is an inhabitant of Australia.
Note 1: For ‘young person’ see subsection 5(1).
Note 2: For ‘inhabitant of Australia’ see subsection 23(1).
“(2) The young person cannot be an FP child of the organisation if:
(a) the young person has not turned 16; and
(b) the young person is not a full-time student; and
(c) the young person is receiving income; and
(d) the rate of that income exceeds $111.35 per week.
Note: The amount referred to in paragraph (d) is indexed annually in line with CPI increases (see sections 1191 and 1194).
“(3) The young person cannot be an FP child of the organisation if the young person is receiving:
(a) a social security pension or benefit; or
(b) a payment under a program included in the programs known as Labour Force Programs.”.
“(1) A person cannot be an FP child if the person:
(a) has turned 16; and
(b) is a prescribed student child.”.
51. Section 833 of the Principal Act is amended:
(a) by omitting from subsection (1) “dependent child” and substituting “person”;
(b) by omitting subsection (2) and substituting the following subsection:“(2) A person who has turned 16 and is undertaking secondary studies may be an FP child until:
(a) the end of the calendar year in which the person turns 18; or
(b) the person ceases secondary studies;
whichever happens first.”.
52. Section 834 of the Principal Act is repealed.
“839.(1) Subject to subsection (2), an approved care organisation is qualified for family payment for a young person if:
(a) the young person is an FP child of the organisation; and
(b) no person is receiving family payment for the young person.
“(2) If a person is qualified for family payment for a young person, an approved care organisation is not qualified for family payment for the young person.
Note: For ‘young person’ see subsection 5(1).”.
“845A. If:
(a) a person (the
‘PES recipient’ ) is granted payments under a prescribed educational scheme; and(b) the grant is effective as from a particular day (the
‘PES start day’ ); and(c) because of the grant, family payment is payable to the PES recipient or the recipient’s partner; and
(d) the PES recipient or the recipient’s partner lodges a claim for family payment:
(i) before the recipient is advised of the grant; or
(ii) within 28 days after the recipient is advised of the grant; and
(e) within 28 days after the PES recipient is advised of the grant, the person who is claiming family payment gives the Secretary notice of the grant;
family payment can become payable before the provisional commencement day but cannot become payable before the PES start day.
Note 1: For ‘prescribed educational scheme’ see subsection 5(1).
Note 2: For ‘provisional commencement day’ see section 843.
Note 3: The family payment will not necessarily be backdated to the PES start day—some other factor may make the payment not payable at that time.”.
“(8A) If:
(a) a person (the
‘PES recipient’ ) is granted payments under a prescribed educational scheme; and(b) because of the grant, family payment is payable to the PES recipient or the recipient’s partner at a higher rate; and
(c) before the PES recipient was advised of the grant, the recipient or the recipient’s partner was receiving family payment; and
(d) within 28 days after the PES recipient was advised of the grant, the person who is receiving family payment gives the Secretary notice of the grant;
the determination to increase the family payment rate takes effect on the day specified in the determination.
Note: For ‘prescribed educational scheme’ see subsection 5(1).
“(8B) The day specified under subsection (8A) is not to be earlier than the day as of which the grant of payments under the prescribed educational scheme takes effect.”.
“(d) the person is not qualified for family payment under section 892;”.
60. The Rate Calculator in section 1069 is amended:
(a) by inserting after Step 1 in the Method statement in point 1069-A1 the following Note:“Note: If 2 people share the daily care and control of a child, Module E may apply.”;
(b) by inserting after Step 2 in the Method statement in point 1069-A1 the following Note:“Note: If 2 people share the daily care and control of a child, Module E may apply.”;
(c) by inserting after Step 5 in the Method statement in point 1069-A1 the following Note:“Note: If 2 people share the daily care and control of a child, Module E may apply.”;
(d) by inserting in point 1069-D2 “1069-D2A, 1069-D2B,” after “points”;
(e) by inserting after point 1069-D2 the following points:
Approved care organisation not qualified for additional family payment “1069-D2A. An approved care organisation is not qualified for additional family payment.
No person qualified for additional family payment if approved care organisation receiving family payment for the child “1069-D2B. If an approved care organisation is receiving family payment for a young person, no person is qualified for additional family payment for the young person.”;
(f) by omitting point 1069-E4 and substituting the following point:
Reduction in additional family payment if only one person qualified for additional family payment and declaration under subsection 869(1) is in force “1069-E4. If:
(a) 2 people share the daily care and control of the same child; and
(b) only one of those people (the
‘AFP recipient’ ) is qualified for additional family payment for the child; and(c) the Secretary has made a declaration under subsection 869(1) that specifies the share of the family payment that the AFP recipient is to receive for the child;
the maximum AFP rate for the child is that share of the maximum
AFP rate that would otherwise apply.”.
“
“(c) the amount would be recoverable because of:
(i) an increase in the person’s taxable income; or
(ii) an underestimate of the person’s taxable income;”.
“LEAP program 23(1)”.
“ ‘
66. Section 532 of the Principal Act is amended:(a) by inserting after paragraph (4)(b) the following word and paragraph:
“; or (c) a LEAP program.”;
(b) by adding at the end of subsection (4) the following Note:
“Note 2: For ‘LEAP program’ see subsection 23(1).”.
67. Section 538 of the Principal Act is amended:
(a) by inserting after paragraph (f) the following word and paragraph:“; or (g) the following conditions apply:
(i) the person undertakes a LEAP program;
(ii) immediately before undertaking the program, the person was receiving a social security pension or benefit;
(iii) the person completes the program;
(iv) immediately after completing the program, the person is qualified for job search allowance;
(v) the person claims job search allowance within 14 days after the day on which the person completes the program.”;
(b) by adding at the end the following Note:“Note 7: For ‘LEAP program’ see subsection 23(1).”.
68. Section 614 of the Principal Act is amended:
(a) by inserting after paragraph (4)(b) the following word and paragraph:“;or (c) a LEAP program.”;
(b) by adding at the end of subsection (4) the following Note:“Note 2: For ‘LEAP program’ see subsection 23(1).”.
69. Section 620 of the Principal Act is amended:
(a) by inserting after paragraph (i) the following word and paragraph:“; or (j) the following conditions apply:
(i) the person undertakes a LEAP program;
(ii) immediately before undertaking the program, the person was receiving a social security pension or benefit;
(iii) the person completes the program;
(iv) immediately after completing the program, the person is qualified for newstart allowance;
(v) the person claims newstart allowance within 14 days after the day on which the person completes the program.”;
(b) by adding at the end the following Note:“Note 8: For ‘LEAP program’ see subsection 23(1).”.
70. The Rate Calculator in section 1067 of the Principal Act is amended:
(a) by inserting after paragraph 1067-C2(d) the following word and paragraph:“; or (e) the person’s partner is receiving payments under a LEAP program.”;
(b) by adding at the end of point 1067-C2 the following Note:“Note 2: For ‘LEAP program’ see subsection 23(1).”;
(c) by omitting point 1067-H2 and substituting the following points:
Ordinary income of members of couples “1067-H2. Subject to point 1067-H2A, the ordinary income of a person who is a member of a couple is taken for the purposes of this Module to include the ordinary income of the person’s partner.
“1067-H2A. Point 1067-H2 does not apply to ordinary income of the person’s partner in the form of:
(a) AUSTUDY allowance; or
(b) ABSTUDY allowance; or
(c) financial supplement under the Student Financial Supplement Scheme; or
(d) payments under a LEAP program.
Note: For ‘AUSTUDY allowance’, ‘ABSTUDY’, ‘Student Financial Supplement Scheme’ and ‘LEAP program’ see subsection 23(1).”.
71. The Rate Calculator in section 1068 of the Principal Act is amended:
(a) by inserting after paragraph 1068-C3(d) the following word and paragraph:“; or (e) the person’s partner is receiving payments under a LEAP program.”;
(b) by adding at the end of point 1068-C3 the following Note:“Note 2: For ‘LEAP program’ see subsection 23(1).”;
(c) by omitting point 1068-G2 and substituting the following points:
Ordinary income of members of couples “1068-G2. Subject to point 1068-G2A, the ordinary income of a person who is a member of a couple is taken for the purposes of this Module to include the ordinary income of the person’s partner.
“1068-G2A. Point 1068-G2 does not apply to ordinary income of the person’s partner in the form of:
(a) AUSTUDY allowance; or
(b) ABSTUDY allowance; or
(c) financial supplement under the Student Financial Supplement Scheme; or
(d) payments under a LEAP program.
Note: For ‘AUSTUDY allowance’, ‘ABSTUDY’, ‘Student Financial Supplement Scheme’ and ‘LEAP program’ see subsection 23(1).”.
“
(a) the work experience program that is administered by the Employment Department and is called Jobskills; or
(b) the work experience program that is administered by the government of the Australian Capital Territory and is called ACT Government Jobskills;”.
73. Section 1035 of the Principal Act is amended:
(a) by inserting after subparagraph (b)(ii) the following subparagraph:“(iia) the person is not receiving an amount called the training component from the Employment Department;
Note: The training component is paid to a person to assist with his or her expenses in undertaking vocational training.”;
(b) by inserting after subparagraph (c)(ii) the following subparagraph:“(iia) the person is not receiving an amount called the training component from the Employment Department;
Note: The training component is paid to a person to assist with his or her expenses in undertaking the job search activities.”.
“66.(1) If:
(a) immediately before the day on which the
Social Security Legislation Amendment Act 1993 received the Royal Assent, a person was receiving a mobility allowance; and(b) immediately before that day, the person was receiving an amount called the training component from the Employment Department;
the person does not have to satisfy subparagraph 1035(b)(iia) or (c)(iia) of this Act on and after that day in order to be qualified for mobility allowance.
“(2) If:
(a) mobility allowance ceases to be payable to a person referred to in subclause (1); or
(b) the training component ceases to be payable to the person;
subclause (1) ceases to apply to the person.
“(3) If subclause (1) ceases to apply to the person, that subclause does not apply to the person again.”.
75. Section 1186 of the Principal Act is amended by omitting Note 2.
76. Section 1187 of the Principal Act is amended:
(a) by inserting before subparagraph (1)(a)(i) the following subparagraph:“(ia) age pension; or”;
(b) by inserting after subparagraph (1)(a)(v) the following subparagraph:“(va) widow B pension; or”;
(c) by inserting before subparagraph (2)(a)(i) the following subparagraph:“(ia) age pension; or”.
77. The Principal Act is amended as set out in Schedule 3.
“(2) This Subdivision applies to a person’s investment in the form of a listed security if the person acquired the investment after 18 August 1992.
Note: For ‘listed security’ see subsection 9(1).”.
“(2) This Subdivision applies to a person’s investment in the form of a listed security if the person acquired the investment after 18 August 1992.
Note: For ‘listed security’ see subsection 5J(1).”.
SCHEDULE 1 Section 18
PEOPLE WITH PARTNERS IN GAOL (REPLACEMENT TABLES)
Omit the Table (but not the Notes), substitute:
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”.
Omit the Note, substitute:
“Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’ and ‘partnered (partner in gaol)’ see section 4.”.
Omit the Table (including the Note), substitute:
“
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Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’ and ‘partnered (partner in gaol)’ see section 4.
Note 2: The amounts in column 3 are adjusted annually in line with CPI increases (see section 1206A).”.
Omit the Table (but not the Notes), substitute:
“
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| Partnered—partner does not have rent increased pension |
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(c) does not have a dependent child or dependent children | |||
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TABLE D—continued | |||
RATE OF RENT ASSISTANCE | |||
column 1 | column 2 | column 3 | column 4 |
item | person’s family situation | Rate A | Rate B |
9. | Member of temporarily separated | $1,643.20 | |
couple | 4 | ||
10. | Partnered (partner in gaol) | $1,747.20 | |
4 | |||
Omit the Note, substitute:
“Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’, ‘temporarily separated couple’ and ‘partnered (partner in gaol)’ see section 4.
Note 1A: For ‘dependent child’ see section 5.”.
Omit the point.
Omit the Table (but not the Notes), substitute:
“
TABLE H | |||||
REMOTE AREA ALLOWANCE | |||||
column 1 | column 2 | column 3 | column 4 | column 5 | column 6 |
item | person’s family situation | basic allowance per year | basic allowance per fortnight | additional allowance per year | additional allowance per fortnight |
1. | Not member of couple | $455.00 | $17.50 | $182.00 | $7.00 |
2. | Partnered | $390.00 | $15.00 | $182.00 | $7.00 |
3. | Member of illness separated couple | $455.00 | $17.50 | $182.00 | $7.00 |
4. | Member of respite care couple | $455.00 | $17.50 | $182.00 | $7.00 |
5. | Partnered (partner in gaol) | $455.00 | $17.50 | $182.00 | $7.00 |
Omit the Note, substitute:
“Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’ and ‘partnered (partner in gaol)’ see section 4.”.
Omit the Table (but not the Notes), substitute:
“
TABLE B | |||
MAXIMUM BASIC RATES | |||
column 1 | column 2 | column 3 | column 4 |
item | person’s family situation | rate per year | rate per fortnight |
1. | Not member of couple | $8,114.60 | $312.10 |
2. | Partnered | $6,767.80 | $260.30 |
3. | Member of illness separated couple | $8,114.60 | $312.10 |
4. | Member of respite care couple | $8,114.60 | $312.10 |
5. | Partnered (partner in gaol) | $8,114.60 | $312.10 |
”.
Omit the Note, substitute:
“Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’ and ‘partnered (partner in gaol)’ see section 4.”.
Omit the Table (including the Note), substitute:
“
PHARMACEUTICAL ALLOWANCE AMOUNT TABLE | |||
column 1 | column 2 | column 3 | column 4 |
item | person’s family situation | amount per year | amount per fortnight |
1. | Not member of couple | $135.20 | $5.20 |
2. | Partnered | $67.60 | $2.60 |
3. | Member of illness separated couple | $135.20 | $5.20 |
PHARMACEUTICAL ALLOWANCE AMOUNT TABLE—continued | |||
column 1 | column 2 | column 3 | column 4 |
amount | amount | ||
item | person’s family situation | per year | per fortnight |
4. | Member of respite care couple | $135.20 | $5.20 |
5. | Partnered (partner getting service pension) | $67.60 | $2.60 |
6. | Partnered (partner in gaol) | $135.20 | $5.20 |
Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’ and ‘partnered (partner in gaol)’ see section 4.
Note 2: The amounts in column 3 are adjusted annually in line with CPI increases (see section 1206A).”.
Omit the Table (but not the Notes), substitute:
“
TABLE E | |||||
REMOTE AREA ALLOWANCE | |||||
column 1 | column 2 | column 3 | column 4 | column 5 | column 6 |
item | person’s family situation | basic allowance per year | basic allowance per fortnight | additional allowance per year | additional allowance per fortnight |
1. | Not member of couple | $455.00 | $17.50 | $182.00 | $7.00 |
2. | Partnered | $390.00 | $15.00 | $182.00 | $7.00 |
3. | Member of illness separated couple | $455.00 | $17.50 | $182.00 | $7.00 |
4. | Member of respite care couple | $455.00 | $17.50 | $182.00 | $7.00 |
5. | Partnered (partner in gaol) | $455.00 | $17.50 | $182.00 | $7.00 |
”.
Omit the Note, substitute:
“Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’ and ‘partnered (partner in gaol)’ see section 4.”.
Omit the Table (but not the Notes), substitute:
“
TABLE H | |||||
REMOTE AREA ALLOWANCE | |||||
column 1 | column 2 | column 3 | column 4 | column 5 | column 6 |
item | person’s family situation | basic allowance per year | basic allowance per fortnight | additional allowance per year | additional allowance per fortnight |
1. | Not member of couple | $455.00 | $17.50 | $182.00 | $7.00 |
2. | Partnered | $390.00 | $15.00 | $182.00 | $7.00 |
3. | Partnered (partner in gaol) | $455.00 | $17.50 | $182.00 | $7.00 |
”.
(a) Omit Notes 1 and 2, substitute:
“Note 1: For ‘member of couple’, ‘partnered’ and ‘partnered (partner in gaol)’ see section 4.”.
(b) Renumber Note 3 as Note 2.
Add at the end the following items:
“
9. | Member of respite care couple and person has not turned 18 | $8,114.60 | $5,571.80 | $312.10 | $214.30 |
10. | Member of respite care couple and person has turned 18 | $8,114.60 | $6,162.00 | $312.10 | $237.00 |
11. | Partnered (partner in gaol) and person has not turned 18 | $8,114.60 | $5,571.80 | $312.10 | $214.30 |
12. | Partnered (partner in gaol) and person has turned 18 | $8,114.60 | $6,162.00 | $312.10 | $237.00 |
”.
17 .Section 1066A (Pension Rate Calculator D—point 1066A–B1—Note 1): Omit the Note, substitute:
“Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’ and ‘partnered (partner in gaol)’ see section 4.”.
Omit the Table (including the Note), substitute:
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Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’ and ‘partnered (partner in gaol)’ see section 4.
Note 2: The amounts in column 3 are adjusted annually in line with CPI increases (see section 1206A).”.
Omit the Table (but not the Notes), substitute:
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“Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’, ‘temporarily separated couple’ and ‘partnered (partner in gaol)’ see section 4.
Note 1A: For ‘dependent child’ see section 5.”.
Omit the point.
Omit the Table (but not the Notes), substitute:
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”.
Omit the Note, substitute:
“Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’, ‘temporarily separated couple’ and ‘partnered (partner in gaol)’ see section 4.
Note 1A: For ‘dependent child’ see section 5.”.
Omit the point.
Omit the Table (including the Note), substitute:
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Note 1 :For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’ and ‘partnered (partner in gaol)’ see section 4.
Insert:
“32.(1) If the Secretary is satisfied that:
(a) a non-profit organisation provides paid employment for disabled persons at certain premises; and
(b) at least 50% of the persons employed at the premises are disabled persons;
the Secretary may determine that the paid employment provided at the premises by the organisation is sheltered employment.
Note: ‘Sheltered employment’ is relevant to the definition of ‘gainful employment’ in section 19.
“(2) For the purposes of subsection (1), a
(a) who is:
(i) permanently incapacitated for work; and
(ii) the degree of the incapacity for work is 85% or more; and
(iii) 50% or more of the incapacity for work is directly caused by a physical or mental impairment; or
(b) who, in the Secretary’s opinion, would satisfy paragraph (a) if the person were no longer engaged in paid employment.
“33.(1) If:
(a) the Minister administering the
Disability Services Act 1986 has approved a grant of financial assistance to a non-profit organisation under subsection 10(1) of that Act; and(b) the financial assistance relates to the provision by the organisation of supported employment services within the meaning of section 7 of that Act;
the Secretary may determine that the paid employment to which those supported employment services relates is sheltered employment.
Note: ‘Sheltered employment’ is relevant to the definition of ‘gainful employment’ in section 19.
“(2) Subject to subsection (3), a determination under subsection (1) may relate to employment provided before or after the day of determination.
“(3) A determination under subsection (1) may not relate to employment provided before 5 June 1987.”.
After “sole”, insert “or”.
Omit the subsections.
Omit the paragraph.
Omit the subsection.
Omit “Nil”.
Add at the end:
“1064–H6. If:
(a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and
(b) the person’s partner has an AFP child; and
(c) the person’s partner is not receiving additional allowance for the AFP child;
the child is taken, for the purposes of this Module, to be an AFP child of the person.”.
Add at the end:
“1065–E5. If:
(a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and
(b) the person’s partner has an AFP child; and
(c) the person’s partner is not receiving additional allowance for the AFP child;
the child is taken, for the purposes of this Module, to be an AFP child of the person.”.
Omit “, maintenance income test (Module F)”.
Omit “1”, substitute “1, 2”.
Add at the end:
“1066–H5. If:
(a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and
(b) the person’s partner has an AFP child; and
(c) the person’s partner is not receiving additional allowance for the AFP child;
the child is taken, for the purposes of this Module, to be an AFP child of the person.”.
Add at the end:
“1066A–I5. If:
(a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and
(b) the person’s partner has an AFP child; and
(c) the person’s partner is not receiving additional allowance for the AFP child;
the child is taken, for the purposes of this Module, to be an AFP child of the person.”.
Add at the end:
“1066B–F5. If:
(a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and
(b) the person’s partner has an AFP child; and
(c) the person’s partner is not receiving additional allowance for the AFP child;
the child is taken, for the purposes of this Module, to be an AFP child of the person.”.
Omit the point, substitute:
“1067–K8. If:
(a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and
(b) the person’s partner has an AFP child; and
(c) the person’s partner is not receiving additional allowance for the AFP child;
the child is taken, for the purposes of this Module, to be an AFP child of the person.”.
Omit the point, substitute:
“1068–J8. If:
(a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and
(b) the person’s partner has an AFP child; and
(c) the person’s partner is not receiving additional allowance for the AFP child;
the child is taken, for the purposes of this Module, to be an AFP child of the person.”.
Omit the Table (but not the Notes), substitute:
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”.
Insert:
“(iva) carer pension; or”.
Insert:
“(iiia) a carer pension; or”.
Repeal the section, substitute:
“1319. The penalty for an offence against section 1316, 1316A, 1317 or 1318 is imprisonment for 2 years.
Note: Subsection 4B(2) of the
Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.”.
Omit the formula, substitute:
Omit the points, substitute:
“1068-B1A. If:
(a) a person is not a member of a couple; and
(b) the person has at least one natural or adopted child who has turned 16 but has not turned 18; and
(c) a social security benefit is payable to the child; and
(d) the child is substantially dependent on the person;
the person’s maximum basic rate is worked out as if the person had a dependent child.
“1068–B2. For the purposes of items 1, 2, 3, 4 and 5 of Table B in point 1068–B1, if:
(a) a person has a dependent child; and
(b) the child has turned 18; and
(c) the child is a prescribed student child;
the child is to be disregarded in working out the person’s maximum basic rate under that point.
Note: For ‘prescribed student child’ see section 5.”.
PART 10—AMENDMENTS COMMENCING ON 28 JANUARY 1993
Omit “and” from paragraphs (a) and (b), substitute “or”.
Omit “$251.50”, substitute “$260.30”.
Omit “$301.60”, substitute “$312.10”.
Omit “$237.00”, substitute “$156.10”.
Omit “$156.10”, substitute “$237.00”.
Omit “$251.50”, substitute “$260.30”.
Omit “$301.60”, substitute “$312.10”.
Omit “is not”.
Omit “is not”.
Insert:
“1067-F13A. Immediately after the indexation of the rates in column 4 of Table F in point 1067-F13 on 20 March 1993:
(a) the rate in column 4 for item 3 is increased by $8.00; and
(b) the rate in column 4 for item 4 is increased by $4.00.
Note: For indexation of the column 4 amounts see sections 1191 to 1194.”.
Insert:
“1068–F15A. Immediately after the indexation of the rates in column 4 of Table F in point 1068–F15 on 20 March 1993:
(a) the rate in column 4 for item 1 is increased by $4.00; and
(b) the rate in column 4 for item 4 is increased by $8.00; and
(c) the rate in column 4 for item 5 is increased by $4.00.
Note: For indexation of the column 4 rates see sections 1191 to 1194.”.
Omit:
“
Omit the subsections.
Omit “1074F”, substitute “1074G”.
Omit the item.
Omit the items.
Omit the items.
Repeal the section.
Omit the paragraph, substitute:
“(b) the person would be receiving a social security or service pension if the person had been an Australian resident for a long enough period.”.
Omit “(c)”, substitute “(e)”.
Omit “or 228”, substitute “, 228 or 228AA”.
Insert:
“228AA. If:
(a) a person who is receiving a carer pension is given a notice under section 222; and
(b) the notice requires the person to inform the Department of income for remunerative work undertaken by the person; and
(c) the person fails to notify the Department of income of that kind in accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of Division 4 of Part 3.10;
the pension becomes payable to the person at the reduced rate from the first pension payday after the day on which the person’s earnings credit account balance is reduced to nil.”.
After “investments” insert “and listed securities”.
SCHEDULE 4 Section 78
AMENDMENTS OF OTHER ACTS
Repeal the section.
Omit the paragraph.
Omit the paragraph.
SCHEDULE 5 Section 12
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING
TO THE USE OF “SOCIAL SECURITY PAYMENT”
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66(2) (Note) |
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66(3) (Note) |
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128(2) (Note) |
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128(3) (Note) |
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170(2) (Note) |
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170(3) (Note) |
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220(2) (Note) |
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220(3) (Note) |
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280(2) (Note) |
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280(3) (Note) |
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339(2) (Note) |
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339(3) (Note) |
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387(2) (Note) |
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387(3) (Note) |
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571(2) (Note) |
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571(3) (Note) |
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654(2) (Note) |
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654(3) (Note) |
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724(3) (Note) |
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757(2) (Note) |
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757(3) (Note) |
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806(2) (Note) |
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806(3) (Note) |
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870(2) (Note) |
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976(2) (Note) |
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976(3) (Note) |
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1019(2) (Note) |
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1019(3) (Note) |
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1052(2) (Note) |
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1052(3) (Note) |
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1061W(2) (Note) |
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Omit “allowance”, substitute “payment”.
Omit “allowance” (wherever occurring), substitute “payment”.
Omit “allowance”, substitute “payment”.
Omit “allowance” (wherever occurring), substitute “payment”.
Omit “pension, benefit or family payment”, substitute “social security payment”.
Omit the subsection.
Omit “pension benefit or allowance”, substitute “social security payment”.
Omit “pension benefit or allowance”, substitute “social security payment”.
Omit “pension, allowance or benefit”, substitute “social security payment”.
Omit “pensions, benefits or allowances” (wherever occurring), substitute “social security payments”.
Omit “or allowances”.
Omit “pensions, benefits and allowances”, substitute “social security payments”.
1. No. 46, 1991, as amended. For previous amendments see Nos. 68, 69, 70, 73, 74, 115, 116, 141, 175, 194 and 208, 1991; Nos. 12, 69, 81, 94, 118, 133, 134, 138, 228, 229, 230 and 241, 1992; and No. 25, 1993.
2. No. 27, 1986, as amended. For previous amendments see No. 106, 1986 (as amended by Nos. 78 and 130, 1987); No. 130, 1986; No. 78, 1987 (as amended by No. 164, 1989); No. 88, 1987; No. 130, 1987 (as amended by No. 133, 1988); No. 13, 1988 ( as amended by No. 83, 1989; and No. 73, 1991); Nos. 35 and 79, 1988; No. 134, 1988 (as amended by No. 164, 1989); No. 135, 1988 (as amended by Nos. 84 and 164, 1989; and No. 73, 1991); Nos. 59, 83, 84, 93 and 163, 1989; No. 164, 1989 (as amended by No. 56, 1990; and No. 73, 1991); Nos. 59, 83, 84, 93, 163, 1989; No. 164, 1989 (as amended by No. 56, 1990; and 73, 1991); Nos. 56, 84 and 119, 1990; No. 2, 1991 (as amended by No. 73, 1991); No. 72, 1991; No. 73, 1991 (as amended by No. 74, 1991); Nos. 74, 122, 175 and 208, 1991; Nos. 12, 51, 70, 94 and 228, 1992; and No. 27, 1993.
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 41 is altered by omitting “
pension, benefit or allowance ” and substituting “social security payment ”.2. On the day on which this Act receives the Royal Assent, the heading to section 146A is altered by omitting “
132 ” and substituting “133 ”.3. On the day on which this Act receives the Royal Assent, the heading to section 689 is altered by inserting “
or inappropriate ” after “incorrect ”.4. On the day on which this Act receives the Royal Assent, the heading to section 831 is altered by adding at the end “
of a person ”.5. On the day on which this Act receives the Royal Assent, the heading to section 728M is altered by omitting “
727 ” and substituting“728 ”.6. On the day on which this Act receives the Royal Assent, the heading to section 1069 is altered by omitting the heading and substituting the following heading:
“
7. On the day on which this Act receives the Royal Assent, the heading to section 1158 is altered by omitting “
conviction ” and substituting “charge ”.8. On the day on which this Act receives the Royal Assent, the heading to section 1199 is altered by omitting the heading and substituting the following heading:
“
9. On the day on which this Act receives the Royal Assent, the heading to section 1132C is altered by omitting “
or 1132B ”.10. On the day on which this Act receives the Royal Assent, the heading to section 1134A is altered by omitting “
pension, benefit or allowance ” and substituting “social security payment ”.11. On 1 January 1994, the heading to section 1253 is altered by omitting “
rate of return decisions and ”.
12. On 1 January 1994, the heading to section 1255 is altered by omitting “
rate of return decisions and ”.13. On 1 January 1994, the heading to section 1255 is altered by omitting “(
other than a rate of return decisions )”.
NOTES ABOUT SUBSECTION HEADINGS IN THE SOCIAL
SECURITY ACT 1991
1. On the day on which this Act receives the Royal Assent, the headings to the following subsections are altered by inserting
“or inappropriate” after“incorrect”: 46(2), 100(2), 150(2), 201(2), 255(2), 318(2), 366(2), 533(2), 615(2), 731(2), 784(2), 958(2), 1002(2) and 1039(2).
2. On the day on which this Act receives the Royal Assent, the heading to subsection 696(5) is altered by omitting
“employment” and substituting“full-time employment”. 3. On 1 January 1993, immediately after the commencement of Part 1 of Schedule 4 to the
Social Security Legislation Amendment Act (No. 3) 1992 , the heading to subsection 539(2) is altered by omitting“and no newly arrived resident’s waiting period”. 4. On 1 January 1993, immediately after the commencement of Part 1 of Schedule 4 to the
Social Security Legislation Amendment Act (No. 3) 1992 , the heading to subsection 621(2) is altered by omitting“and no newly arrived resident’s waiting period”. 5. On 1 January 1993, immediately after the commencement of Part 1 of Schedule 4 to the
Social Security Legislation Amendment Act (No. 3) 1992 , the heading to subsection 694(2) is altered by omitting“and no newly arrived resident’s waiting period”. 6. On 1 July 1993, the heading to subsection 955(1) is altered by omitting “
28 ” and substituting “42 ”.
7. On 1 July 1993, the heading to subsection 955(3) is altered by omitting “
28 ” and substituting “42 ”.
[
House of Representatives on 26 May 1993
Senate on 31 August 1993
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