Social Security Legislation Amendment Act (No. 1) 1995 (Cth)
1. Short title
2. Commencement
3. Operation of Schedule 3 of the
4. Schedules
SCHEDULE 1
AMENDMENT OF THE SOCIAL SECURITY ACT 1991 RELATING TO THE DEFINITION OF INCOME
SCHEDULE 2
AMENDMENT OF THE SOCIAL SECURITY ACT 1991 RELATING TO THE DEFINITION OF SOCIAL SECURITY RECIPIENT STATUS
SCHEDULE 3
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO RESIDENCE REQUIREMENTS FOR CERTAIN REFUGEES AND TEMPORARY ENTRANTS
TABLE OF PROVISIONS—
continued
SCHEDULE 4
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO A PERSON’S QUALIFICATION FOR DISABILITY SUPPORT PENSION OR DISABILITY WAGE SUPPLEMENT
SCHEDULE 5
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO WAITING PERIODS AND DEFERMENT PERIODS
SCHEDULE 6
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO PAYMENT OF JOB SEARCH ALLOWANCE, NEWSTART ALLOWANCE AND SPECIAL BENEFIT TO PEOPLE UNDERTAKING FULL-TIME STUDY
SCHEDULE 7
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO THE DATE OF EFFECT OF CERTAIN DETERMINATIONS AFFECTING JOB SEARCH ALLOWANCE, NEWSTART ALLOWANCE AND PARTNER ALLOWANCE
SCHEDULE 8
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO DISABILITY WAGE SUPPLEMENT
SCHEDULE 9
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO EDUCATION ENTRY PAYMENTS
SCHEDULE 10
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO MOBILITY ALLOWANCE
SCHEDULE 11
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO THE QUALIFYING AGE FOR SENIORS HEALTH CARD
SCHEDULE 12
AMENDMENTS RELATING TO INCOME TESTS AND RELATED MATTERS
PART 1—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
PART 2—AMENDMENTS OF THE STUDENT AND YOUTH ASSISTANCE ACT 1973
TABLE OF PROVISIONS—
continued
SCHEDULE 13
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO SUPERANNUATION PENSIONS
SCHEDULE 14
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO NATIVE TITLE RIGHTS AND INTERESTS
SCHEDULE 15
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO LOAN FRINGE BENEFITS
SCHEDULE 16
AMENDMENTS RELATING TO COMPENSATION RECOVERY AND RELATED MATTERS
PART 1—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 COMMENCING ON ROYAL ASSENT
PART 2—AMENDMENTS OF THE SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994
PART 3—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 COMMENCING IMMEDIATELY AFTER THE COMMENCEMENT OF SCHEDULES 1 AND 2 TO THE SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994
PART 4—AMENDMENTS OF THE HEALTH INSURANCE ACT 1973
PART 5—AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986
SCHEDULE 17
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO OVERPAYMENTS AND DEBT RECOVERY
SCHEDULE 18
AMENDMENTS OFTHE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990
SCHEDULE 19
MINOR TECHNICAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
PART 1—AMENDMENTS TAKEN TO HAVE COMMENCED ON 2 NOVEMBER 1992, IMMEDIATELY AFTER THE COMMENCEMENT OF THE SOCIAL SECURITY AMENDMENT ACT 1992
PART 2—AMENDMENTS TAKEN TO HAVE COMMENCED ON 25 MARCH 1993, IMMEDIATELY AFTER THE COMMENCEMENT OF DIVISIONS 16 AND 17 OF PART 2 OF THE SOCIAL SECURITY LEGISLATION AMENDMENT ACT (NO. 3) 1992
PART 3—AMENDMENTS TAKEN TO HAVE COMMENCED ON 1 APRIL 1993
TABLE OF PROVISIONS—
PART 4—AMENDMENTS TAKEN TO HAVE COMMENCED ON 19 SEPTEMBER 1993
PART 5—AMENDMENTS TAKEN TO HAVE COMMENCED ON 1 JANUARY 1994, IMMEDIATELY AFTER THE COMMENCEMENT OF SCHEDULE 6 TO THE SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993
PART 6—AMENDMENTS TAKEN TO HAVE COMMENCED ON 1 JANUARY 1995, IMMEDIATELY AFTER THE COMMENCEMENT OF THE STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE—TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1994
PART 7—AMENDMENTS COMMENCING ON ROYAL ASSENT
SCHEDULE 20
OTHER MINOR TECHNICAL AMENDMENTS
PART 1—MINOR TECHNICAL AMENDMENT OF THE SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993
PART 2—MINOR TECHNICAL AMENDMENTS OF THE SOCIAL SECURITY (PARENTING ALLOWANCE AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1994
[
The Parliament of Australia enacts:
1. This Act may be cited as theSocial Security Legislation Amendment Act (No. 1) 1995 .
2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(a) Schedule 3 of the
Social Security Act 1991 , as in force immediately before the commencement of Part 10 of the 1994 Act, continues in force; and(b) Schedule 3 of the
Social Security Act 1991 , as substituted by the 1994 Act, does not come into force;
until the Agreement on Social Security between Australia and the Republic of Italy, set out in Schedule 3 to the 1994 Act, enters into force in accordance with Article 23 of that Agreement.
(a) before the commencement of this section, a person received from the Commonwealth a payment that purported to be made under the
Social Security Act 1991 ; and(b) the payment was not a valid payment; and
(c) had subsection (1) been in force when the payment was made, it would have been a valid payment under the
Social Security Act 1991 ;
any right of the Commonwealth to recover the payment is, by force of this subsection, extinguished.
____________
AMENDMENT OF THE SOCIAL SECURITY ACT 1991 RELATING TO THE DEFINITION OF INCOME
Insert:
“(zfa) a payment of financial supplement made to the person under the Student Financial Supplement Scheme;”.
In relation to a period-based payment, the amendment made by this Schedule applies to income in respect of a fortnight that commences after the commencement of this Schedule.
`
AMENDMENT OF THE SOCIAL SECURITY ACT 1991 RELATING TO THE DEFINITION OF SOCIAL SECURITY RECIPIENT STATUS
Omit the definition, substitute:
“
(a) in the case of a person who is receiving a job search allowance or new start allowance—status as a recipient of a social security pension, a social security benefit, a youth training allowance, an ABSTUDY allowance, an AUSTUDY allowance or a service pension; or
(b) in any other case—status as a recipient of a social security pension, a social security benefit, a youth training allowance or a service pension;”.
The amendment made by this Schedule does not apply to a recipient of a job search allowance or a newstart allowance who notifies the Department of the death of his or her partner before the day on which this Schedule commences.
__________
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO RESIDENCE REQUIREMENTS FOR CERTAIN REFUGEES AND TEMPORARY ENTRANTS
Insert in their appropriate alphabetical positions (determined on a letter-by-letter basis):
|
|
|
|
|
|
|
|
Insert:
“
‘
Omit “subsection (6)”, substitute “subsections (6) and (6A)”.
Omit the subsection, substitute:
“(6) A person has a
(a) resides in Australia; and
(b) is either:
(i) a refugee; or
(ii) a former refugee.
“(6A) A person has a
(a) resides in Australia; and
(b) is either:
(i) an exempt resident; or
(ii) a former exempt resident.
“(6B) A person is a
(a) is taken, under the Migration Reform (Transitional Provisions) Regulations, to be the holder of a transitional (permanent) visa because the person was, immediately before 1 September 1994, the holder of:
(i) a visa or entry permit that fell within Division 1.3—Group 1.3 (Permanent resident (refugee and humanitarian) (offshore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or
(ii) a visa or entry permit that fell within Division 1.5—Group 1.5 (Permanent resident (refugee and humanitarian) (on-shore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or
(b) was, immediately before 1 February 1993, the holder of a visa or entry permit of a class prescribed under the Migration Regulations as then in force that corresponds to a visa or entry permit referred to in subparagraph (a)(i) or (ii); or
(c) is the holder of:
(i) a permanent protection visa; or
(ii) a permanent visa of a class referred to in the Table at the end of this subsection; or
(iii) a permanent visa of a class referred to in a declaration of the Minister under subsection 25(1) that is in force
TABLE | ||
CLASSES OF PERMANENT VISAS GIVING REFUGEE STATUS AND QUALIFYING RESIDENCE EXEMPTION FOR SOCIAL SECURITY PENSIONS AND SOCIAL SECURITY BENEFITS OTHER THAN SPECIAL BENEFIT | ||
Item No. | Class description | Relevant item in Schedule 1 to Migration Regulations |
1. | Burmese in Burma (Special Assistance) (Class AB) | 1102 |
2. | Burmese in Thailand (Special Assistance) (Class AC) | 1103 |
3. | Cambodian (Special Assistance) (Class AE) | 1105 |
4. | Camp Clearance (Migrant) (Class AF) | 1106 |
5. | Citizens of the Former Yugoslavia (Special Assistance) (Class AI) | 1109 |
6. | East Timorese in Portugal, Macau and Mozambique (Special Assistance) (Class AM) | 1113 |
7. | Minorities of Former USSR (Special Assistance) (Class AV) | 1122 |
8. | Refugee and Humanitarian (Migrant) (Class BA) | 1127 |
9. | Sudanese (Special Assistance) (Class BD) | 1130 |
10. | Territorial Asylum (Residence) (Class BE) | 1131 |
“(6C) A person is an
(a) is taken, under the Migration Reform (Transitional Provisions) Regulations, to be the holder of a transitional (temporary) visa because the person was, immediately before 1 September 1994, the holder of:
(i) a class 437 visa or entry permit—PRC (temporary); or
(ii) a class 784 visa or entry permit—Domestic protection (temporary); or
(iii) a class 820 visa or entry permit—Extended eligibility (spouse);
under the Migration (1993) Regulations as then in force; or
(b) was, immediately before 1 February 1993, the holder of:
(i) a class 781 visa or entry permit—Refugee (restricted); or
(ii) a class 783 visa or entry permit—PRC (temporary); under the Migration (1989) Regulations as then in force; or
(c) is the holder of:
(i) a subclass 820 visa—Extended eligibility (spouse); or
(ii) a temporary visa of a class referred to in a declaration of the Minister under subsection 25A(1) that is in force.”.
After “(other than a special benefit)” insert “, a non-benefit parenting allowance”.
Insert after item 8 in the Table:
|
|
|
Repeal the section, substitute:
“25.(1) If:
(a) after the commencement of this section, a class of permanent visas (other than a class referred to in the Table in subsection 7(6B)) is prescribed by regulations made for the purposes of section 31 of the
Migration Act 1958 ; and(b) the Minister is of the view that a person holding a visa of that class should be regarded as a refugee for the purposes of section 7
;
the Minister may declare in writing that class of visas to be a class of visas for the purposes of subparagraph 7(6B)(c)(iii).
“(2) The declaration is a disallowable instrument.
“25A.(1) If:
(a) after the commencement of this section, a class of temporary visas is prescribed by regulations made for the purposes of section 31 of the
Migration Act 1958 ; and(b) the Minister is of the view that a person holding a visa of that class should be regarded as an exempt resident;
the Minister may declare in writing that class of visas to be a class of visas for the purposes of subparagraph 7(6C)(c)(ii).
“(2) The declaration is a disallowable instrument.”.
SCHEDULE 4 Section 4
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO A PERSON’S QUALIFICATION FOR DISABILITY SUPPORT PENSION OR DISABILITY WAGE SUPPLEMENT
Before “the person” insert “because of the impairment”.
Before “the person” insert “because of the impairment”.
Omit the subsections, substitute:
“(2) A person has a
(a) the impairment is of itself sufficient to prevent the person from doing any work within the next 2 years; and
(b) either:
(i) the impairment is of itself sufficient to prevent the person from undertaking educational or vocational training or on-the-job training during the next 2 years; or
(ii) if the impairment does not prevent the person from undertaking educational or vocational training or on-the-job training—such training is unlikely (because of the impairment) to enable the person to do any work within the next 2 years.
Note: For ‘work’ see subsection (5).
“(3) In deciding whether or not a person has a
(a) the availability to the person of educational or vocational training or on-the-job training; or
(b) if subsection (4) does not apply to the person—the availability to the person of work in the person’s locally accessible labour market.”.
Omit “equip”, substitute “enable”.
Insert:
“
Before “the person” insert “because of the impairment”.
Omit the subsections, substitute:
“(3) A person has a
(a) the impairment is of itself sufficient to prevent the person from doing any work within the next 2 years; and
(b) either:
(i) the impairment is of itself sufficient to prevent the person from undertaking educational or vocational training or on-the-job training during the next 2 years; or
(ii) if the impairment does not prevent the person from undertaking educational or vocational training or on-the-job training—such training is unlikely (because of the impairment) to enable the person to do any work within the next 2 years.
Note: For ‘work’ see subsection (6).
“(4) In deciding whether or not a person has a
(a) the availability to the person of educational or vocational training or
(b) if subsection (5) does not apply to the person-the availability to the person of work in the person's locally accessible labour market
Omit "equip", substitute "enable" Subsection
Insert:
“
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO WAITING PERIODS AND DEFERMENT PERIODS
After “person” insert “at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
"Note: For ‘Employment Secretary’ see section 23.”.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to a liquid assets test waiting period under subsection (1) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to an unused annual leave waiting period under subsection (1) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit “A person”, substitute “Subject to subsection (2), a person”.
Omit the paragraph.
Add at the end (before the Notes):
“(2) A person is not subject to an ordinary waiting period under subsection (1) at any time during which the person:
(a) is undertaking
: (i) formal vocational training in a labour market program approved by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary; and
(b) has been exempted from the application of that subsection by the Employment Secretary.”.
Add at the end:
“Note: For ‘provisional commencement day’ see section 533.”.
Add at the end:
“Note: ‘CES’ means the Commonwealth Employment Service (see section 23).”.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to an education leavers waiting period under subsection (1) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note: For ‘Employment Secretary’ see section 23.”.
Omit “4 weeks”, substitute “12 months”.
Omit “4 weeks”, substitute “12 months”.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to the activity test deferment period under subsection (1) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note 1: For ‘Employment Secretary’ see section 23.
Note 2: See section 546A for the length of activity test deferment periods and section 546B for the commencement of activity test deferment periods.”.
Omit “A”, substitute “Subject to subsection (2), a”.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to the activity test deferment period under subsection (1) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note 1: For ‘Employment Secretary’ see section 23.
Note 2: See section 546A for the length of activity test deferment periods and section 546B for the commencement of activity test deferment periods.
Note 3: The operation of this section is modified for participants in the case management system by section 45 of the
Employment Services Act 1994 .”
Omit “A”, substitute “Subject to subsection (2), a”.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to the activity test deferment period under subsection (1) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note 1: For ‘Employment Secretary’ see section 23.
Note 2: See section 546A for the length of activity test deferment periods and section 546B for the commencement of activity test deferment periods.
Note 3: The operation of this section is modified for participants in the case management system by section 45 of the
Employment Services Act 1994. ”.
Omit “If’, substitute “Subject to subsection (4A), if”.
Omit “Subsection (4) does not apply to a person”, substitute “A person is not subject to the administrative breach deferment period under subsection (4) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note 1: For ‘Employment Secretary’ see section 23.
Note 2: See section 547A for the length of administrative breach deferment periods and section 547B for the commencement of administrative breach deferment periods.
Note 3: The operation of this section is modified for participants in the case management system by sections 28, 31 and 46 of the
Employment Services Act 1994. ”.
Omit “If’, substitute “Subject to subsection (2), if’.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to the administrative breach deferment period under subsection (1) at any time during which the person”
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note 1: For ‘Employment Secretary’ see section 23.
Note 2: See section 547A for the length of administrative breach deferment periods and section 547B for the commencement of administrative breach deferment periods.”.
Omit “If’, substitute “Subject to subsection (2), if”.
After “person” insert “at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note: For ‘Employment Secretary’ see section 23.”.
Omit the Notes, substitute:
“Note: For ‘Employment Secretary’ see section 23.”.
Omit “Where”, substitute “Subject to subsection (2), if”.
After “person” insert “at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”
Omit the Notes, substitute:
“Note: For ‘Employment Secretary’ see section 23.”.
Omit “A person”, substitute “Subject to subsection (2), a person”.
After “person” insert “at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note: For ‘Employment Secretary’ see section 23.”.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to a liquid assets test waiting period under subsection (1) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to an unused annual leave waiting period under subsection (1) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit “A person”, substitute “Subject to subsection (2), a person”.
Omit the paragraph.
Add at the end (before the Notes):
“(2) A person is not subject to an ordinary waiting period under subsection (1) at any time during which the person:
(a) is undertaking:
(i) formal vocational training in a labour market program approved by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary; and
(b) has been exempted from the application of that subsection by the Employment Secretary.”.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to an education leavers waiting period under subsection (1) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit “4 weeks”, substitute “12 months”.
Omit “A”, substitute “Subject to subsection (2), a”.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to the activity test deferment period under subsection (1) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note 1: For ‘Employment Secretary’ see section 23.
Note 2: See section 630A for the length of activity test deferment periods and section 630B for the commencement of activity test deferment periods
. ”.
Omit “A”, substitute “Subject to subsection (2), a”.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to the activity test deferment period under subsection (1) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note 1: For ‘Employment Secretary’ see section 23.
Note 2: See section 630A for the length of activity test deferment periods and section 630D for the commencement of activity test deferment periods
. Note 3: The operation of this section is modified for participants in the case management system by section 45 of the
Employment Services Act 1994. ”.
Omit “A”, substitute “Subject to subsection (2), a”.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to the activity test deferment period under subsection (1) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note 1: For 'Employment Secretary’ see section 23.
Note 2: See section 630A for the length of activity test deferment periods and section 630B for the commencement of activity test deferment periods,
Note 3: The operation of this section is modified for participants in the case management system by section 45 of the
Employment Services Act 1994. ”.
Add at the end:
“Note: ‘CES’ means the Commonwealth Employment Service (see section 23).”.
Omit “If”, substitute “Subject to subsection (4A), if”.
Omit “Subsection (4) does not apply to a person”, substitute “A person is not subject to the administrative breach deferment period under subsection (4) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note 1: For ‘Employment Secretary’ see section 23.
Note 2: See section 631A for the length of administrative breach deferment periods and section 631B for the commencement of administrative breach deferment periods.
Note 3: The operation of this section is modified for participants in the case management system by sections 28, 31 and 46 of the
Employment Services Act 1994 . ".
Omit “If”, substitute “Subject to subsection (2), if”.
Omit “Subsection (1) does not apply to a person”, substitute “A person is not subject to the administrative breach deferment period under subsection (1) at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note 1: For ‘Employment Secretary’ see section 23.
Note 2: See section 631A for the length of administrative breach deferment periods and section 631B for the commencement of administrative breach deferment periods.”.
Omit “If’, substitute “Subject to subsection (2), if”.
After “person” insert “at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note: For ‘Employment Secretary’ see section 23.”.
Omit the Notes, substitute:
“Note: For ‘Employment Secretary’ see section 23.”.
Omit “Where”, substitute “Subject to subsection (2), if’.
After “person” insert “at any time during which the person”.
Omit “who has started”, substitute “is undertaking”.
Omit “who”.
Omit the Notes, substitute:
“Note: For ‘Employment Secretary’ see section 23.”.
Omit "4 weeks”, substitute "12 months”.
Omit "4 weeks”, substitute "12 months”
__________
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO PAYMENT OF JOB SEARCH ALLOWANCE, NEWSTART ALLOWANCE AND SPECIAL BENEFIT TO PEOPLE UNDERTAKING FULL-TIME STUDY
Insert:
“522A. If:
(a) job search allowance is payable to a person because of subsection 532(6); and
(b) the person has commenced the full-time course of education referred to in paragraph 532(6)(a);
the person is taken to satisfy the activity test in respect of the period during which the allowance is payable to the person because of that subsection.”.
Omit the paragraph.
Omit all the words from and including “until”, substitute “for the period of 3 weeks commencing on the day on which the course starts.”.
Insert:
“602A. If:
(a) newstart allowance is payable to a person because of subsection 614(6); and
(b) the person has commenced the full-time course of education referred to in paragraph 614(6)(a);
the person is taken to satisfy the activity test in respect of the period during which the allowance is payable to the person because of that subsection.”.
Omit the paragraph.
Omit all the words from and including “until”, substitute “for the period of 3 weeks commencing on the day on which the course starts.”.
Omit “subsection (2)”, substitute “subsections (2) and (3)”.
Omit “notwithstanding”, substitute “, in spite of’.
Add at the end:
“(3) If:
(a) a person enrols in a full-time course of education; and
(b) an application is made for a payment in respect of the person under:
(i) the AUSTUDY scheme; or
(ii) the ABSTUDY Schooling scheme; or
(iii) the ABSTUDY Tertiary scheme; and
(c) the person was receiving special benefit immediately before the start of the course;
the Secretary may decide that, in spite of subsection (1), special benefit is payable to the person for the period of 3 weeks commencing on the day on which the course starts.”.
___________
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO THE DATE OF EFFECT OF CERTAIN DETERMINATIONS AFFECTING JOB SEARCH ALLOWANCE, NEWSTART ALLOWANCE AND PARTNER ALLOWANCE
Omit “If’, substitute “Subject to subsection (6), if”.
Insert:
“(6) If the favourable determination is made following a person having given the Department a statement about a matter in accordance with section 575, the determination takes effect on the day on which the matter arose.”.
Omit “The”, substitute “Subject to subsection (9), the”.
Add at the end:
“(9) If the adverse determination is made following a person having given the Department a statement about a matter in accordance with section 575, the determination takes effect on the day on which the matter arose.”.
Omit “If’, substitute “Subject to subsection (6), if”.
Insert:
“(6) If the favourable determination is made following a person having given the Department a statement about a matter in accordance with section 658, the determination takes effect on the day on which the matter arose.”.
Omit “The”, substitute “Subject to subsection (9), the”.
Add at the end:
“(9) If the adverse determination is made following a person having given the Department a statement about a matter in accordance with section 658, the determination takes effect on the day on which the matter arose.”.
Omit “If*, substitute “Subject to subsection (5A), if”.
Insert:
“(5A) If the favourable determination is made following a person having given the Department a statement about a matter in accordance with section 771MD, the determination takes effect on the day on which the matter arose.”.
Omit “The”, substitute “Subject to subsection (9), the”.
Add at the end:
“(9) If the adverse determination is made following a person having given the Department a statement about a matter in accordance with section 771MD, the determination takes effect on the day on which the matter arose.”.
__________
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO DISABILITY WAGE SUPPLEMENT
Insert:
"(2A) A person is not qualified for an employment entry payment under section 664FA if the claim for payment is made more than 2S days after the start of the employment in the supported wage system in respect of which the claim is made.".
Omit "and".
Insert:
"(iv) subsection 477(2) of this Act: and".
__________
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO EDUCATION ENTRY PAYMENTS
Omit the paragraph, substitute:
“(d) the person:
(i) ceases to be qualified for job search allowance or youth training allowance because the person commences the course of education; or
(ii) is not qualified for payments under the AUSTUDY or ABSTUDY scheme because the person takes part in the course to satisfy the activity test under section 522 or to comply with a Job Search Activity Agreement; or
(iii) is not qualified for payments under the AUSTUDY or ABSTUDY scheme because the person takes part in the course to comply with a Case Management Activity Agreement under the
Employment Services Act 1994 ; or(iv) is not qualified for payments under the AUSTUDY or ABSTUDY scheme because the person takes part in the course to satisfy the activity test under section 75 of the
Student and Youth Assistance Act 1973 or to comply with a Youth Training Activity Agreement under that Act; and”.
Omit the paragraph, substitute:
“(c) the person:
(i) ceases to be qualified for newstart allowance because the person commences the course of education; or
(ii) is not qualified for payments under the AUSTUDY or ABSTUDY scheme because the person takes part in the course to satisfy the activity test under section 601 or to comply with a requirement under a Newstart Activity Agreement; or
(iii) is not qualified for payments under the AUSTUDY or ABSTUDY scheme because the person takes part in the course to comply with a Case Management Activity Agreement under the
Employment Services Act 1994 ; and”.
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO MOBILITY ALLOWANCE
Omit “Health, Housing, Local Government and Community Services", substitute “Human Services and Health".
Omit, substitute:
“(1) If a mobility allowance is payable to a person and the person ceases to be qualified for the allowance because:
(a) he or she ceases, in the Secretary's opinion:
(i) to be engaged in gainful employment: or
(ii) to undertake vocational training or a combination of vocational training and gainful employment: or
(iii) to engage in voluntary work approved by the Secretary for charitable, welfare or community organisations:
for at least 8 hours a week on a continuing basis: or
(b) he or she ceases, in the Secretary's opinion:
(i) to receive job search allowance or newstart allowance for a reason other than the application of section 518. 522. 525A. 586A, 597. 601, 605 or 660IA: or
(ii) to receive youth training allowance for a reason other than the application of section 71, 75, 79 or 163 of the
Student and Youth Assistance Act 1973 : or
(iii) to undertake job search activities as part of an activity plan developed by a Disability Panel established by the Secretary: or
(iv) to undertake job search activities under the Competitive Employment Placement and Training Program administered by the Department of Human Services and Health:
the mobility allowance:
(c) continues to be payable to the person on each of the first allowance paydays after the day on which the person ceases to be qualified for the mobility allowance: and
(d) then ceases to be payable.".
Omit “paragraph (1)(b)”. substitute "paragraphs (1)(a) and (b)”
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO THE QUALIFYING AGE FOR SENIORS HEALTH CARD
Omit the paragraph, substitute:
“(a) has reached pension age; and”.
Note: The subheading to section 1061ZA, “
Women who have reached 60 and men who have reached 65 ", is omitted.
Add at the end:
‘‘Note 3: For ‘pension age’ see subsections 23(5A), (5B), (5C) and (5D).”.”.
AMENDMENTS RELATING TO INCOME TESTS AND RELATED MATTERS
Omit “ordinary income test”, substitute “income test”.
Omit “ordinary” (wherever occurring).
Omit the paragraph, substitute:
“(b) either:
(i) is receiving a job search allowance, youth training allowance, newstart allowance or sickness allowance the rate of which is increased to take account of rent; or
(ii) would be receiving such an allowance but for the amount of the person's ordinary income reduction under point 1067E-G17.”.
Omit “
(a) After “person’s ordinary income” (first occurring) insert “, and the ordinary income of a partner of the person,”.
(b) Omit from Note 1 at the end of Step 1 “, 1067E-G3”.
(c) Omit Steps 2, 3,4,5 and 6, substitute:
“
Step 2. If the person is a member of a couple, work out the partner income free area using point 1067E-G12.Note: The partner income free area is the maximum amount of ordinary income the person’s partner can have without affecting the person’s benefit.
Step 3. Use paragraphs 1067E-G13(a), (b) and (c) to work out whether the person has a partner income excess.
Step 4. If the requirements of paragraphs 1067 E-G13(a), (b) and (c) are not satisfied, the person’s partner income excess is nil.
Step 5. If the requirements of paragraphs 1067E-G13(a), (b) and (c) are satisfied, the person’s partner income excess is the partner’s ordinary income less the partner income free area.
Step 6. Use the person’s partner income excess to work out the person’spartner income reduction using point 1067E-G14.
Step 7. Work out whether the person’s ordinary income free area exceeds the person’s ordinary income free area under point 1067E-G15.Note: A person’s ordinary income free area is the maximum amount of ordinary income the person can have without affecting the person’s benefit rate.
Step 8. If the person’s ordinary income does not exceed the person’s ordinary income free area, the person’s ordinary income excess is nil.
Step 9. If the person’s ordinary income exceeds the person’s ordinary income free area, the person’s ordinary income excess is the person’s ordinary income less the person’s ordinary income free area.
Step 10. Use the person’s ordinary income excess to work out the person’sordinary income reduction using points 1067E-G17,1067E-G18 and 1067E-G19.
Step 11 . Add the person’s partner income reduction and ordinary income reduction: the result is the person’s income reduction referred to in Step 9 of point 1067E-A1.”.(d) Omit from Note 2 at the end of point 1067E-G1 “ordinary”.
Omit the points, substitute:
“1067E-G2. Subject to point 1067E-G4, if a person is a member of a couple and the person’s partner is receiving a social security pension, a service pension or a rehabilitation allowance, the person’s ordinary income is taken to be one half of the sum of:
(a) the amount that would be the person’s ordinary income if he or she were not a member of a couple; and
(b) the amount that would be the ordinary income of the person’s partner if the partner were not a member of a couple.”
Omit the points, substitute:
“1067E-G12. The partner income free area for a person is:
(a) if the person is not receiving a social security benefit or a youth training allowance—the amount of income of the person (rounded up to the nearest dollar) beyond which job search allowance would not be payable to the person if the person were qualified for a job search allowance; or
(b) if the person is receiving a social security benefit or a youth training allowance—the amount of income of the person (rounded up to the nearest dollar) beyond which that benefit or allowance would not be payable to the person.
(a) a person is a member of a couple; and
(b) the person’s partner is not receiving a social security pension, service pension or a rehabilitation allowance; and
(c) the partner’s ordinary income exceeds the partner income free area for the partner;
then:
(d) the person has a partner income excess; and
(e) the person’s partner income excess is the amount by which the partner’s ordinary income exceeds the partner income free area.
“1067E-G14. If a person has a partner income excess, the person’s partner income reduction is an amount equal to 70% of the part of the partner’s ordinary income that exceeds the partner income free area.
Alice’s partner Martin has an ordinary income of $612. Assume that the partner income free area under point 1067E-G12 is $462.
Martin’s ordinary income exceeds the partner income free area. He therefore has a partner income excess under point 1067E-G13 of $612-$462 = $150.
Alice’s partner income reduction under point 1067E-G14 is therefore 70% of $150 = $105.
“1067E-G15. A person’s ordinary income free area is $60.
“1067E-G16. If a person’s ordinary income exceeds the person’s ordinary income free area:
(a) the person has an ordinary income excess; and
(b) the person’s ordinary income excess is the amount by which the person’s ordinary income exceeds the person’s ordinary income free area.
“1067E-G17. If a person has an ordinary income excess, the person’s ordinary income reduction is the sum of:
(a) the person’s lower range reduction (see point 1067E-G18); and
(b) the person’s upper range reduction (if any) (see point 1067E-G19).
“1067E-G18. The person’s lower range reduction is an amount equal to 50% of the part of the person’s ordinary income excess that does not exceed $80.
“1067E-G19. The person’s upper range reduction is an amount equal to 70% of the part (if any) of the person’s ordinary income excess that exceeds $80.
Further to the example at the end of point 1067E-G14, Alice is receiving sickness allowance. Her ordinary income is $95.
Alice’s ordinary income free area under point 1067E-G15 is $60.
Her ordinary income exceeds her ordinary income free area. She therefore has an ordinary income excess under point 1067E-G16 of $95 - $60 = $35.
Because her ordinary income excess does not exceed $80:
• her lower range reduction under point 1067E-G18 is 50% of $35 = $17.50; and
• there is no upper range reduction under point 1067E-G19
.
Her ordinary income reduction under point 1067E-G17 is therefore $17.50.
Alice’s income reduction referred to in Step 9 of point 1067E-A1 is $105 + $17.50 = $122.50.”.
Omit “ordinary income test”, substitute “income test”
After “subsections” insert “(1A), (1B),”.
Insert:
“(1A) Subject to subsection (3), for the purposes of the application of this Act in relation to a person’s rate of youth training allowance, if:
(a) a person who is a member of a couple has, on or after 14 May 1987, disposed of ordinary income of the person; and
(b) the amount of the disposition is not greater than the least amount that, if added to the person’s ordinary income (disregarding this section), would cause the person’s rate of youth training allowance to be reduced to nil;
the amount of the disposition is to be included in the person’s ordinary income.
“(1B) Subject to subsection (3), for the purposes of the application of this Act in relation to a person’s rate of youth training allowance, if:
(a) a person who is a member of a couple has, on or after 14 May 1987, disposed of ordinary income of the person; and
(b) the amount of the disposition is greater than the least amount that, if added to the person’s ordinary income (disregarding this section), would cause the person’s rate of youth training allowance to be reduced to nil;
then:
(c) the second of the amounts referred to in paragraph (b) is to be included in the person’s ordinary income; and
(d) the difference between the 2 amounts referred to in paragraph (b) is to be included in the person’s partner’s ordinary income.”.
Omit “If’, substitute “Subject to subsection (2), if’.
Omit the subsection, substitute:
“(2) Subsection (1) does not apply in relation to the application of an ordinary income test to a person if the fortnightly rate of ordinary income of the person’s partner is such that the rate of youth training allowance payable to the person for the accounting period would be nil even if the person’s fortnightly rate of ordinary income were not taken into account in working out the rate of the allowance.
“(3) The reference in subsection (1) to the fortnightly rate of ordinary income of the person’s partner is a reference to that rate after taking into account any application of subsection (1) in relation to amounts of money the partner has earned for remunerative work.”.
Omit the subsections.
Omit “ordinary” (wherever occurring).
Omit “point G15”, substitute “point G17”.
Omit “
(a) After “person’s ordinary income” (first occurring) insert “, and the ordinary income of a partner of the person,”.
(b) Omit from Note 1 at the end of Step 1 “, G3”.
(c) Omit Steps 2, 3, 4, 5 and 6, substitute:
“Step 2. If the person is a member of a couple, work out the partner income free area using point G12.Note: The partner income free area is the maximum amount of ordinary income the person’s partner can have without affecting the person’s benefit.
Step 3. Use paragraphs G13(a), (b) and (c) to work out whether the person has a partner income excess.
Step 4, If the requirements of paragraphs G13(a), (b) and (c) are not satisfied, the person’s partner income excess is nil.
Step 5 . If the requirements of paragraphs G13(a), (b) and (c) are satisfied, the person’s partner income excess is the partner’s ordinary income less the partner income free area.
Step 6. Use the person’s partner income excess to work out the person’spartner income reduction using point G14.
Step 7. Workout whether the person’s ordinary income exceeds the person’s ordinary income free area under point G15.Note: A person’s ordinary income free area is the maximum amount of ordinary income the person can have without affecting the person’s benefit rate.
SCHEDULE 12 —continued
Step 8. If the person’s ordinary income does not exceed the person’s ordinary income free area, the person’s ordinary income excess is nil.
Step.9. If the person’s ordinary income exceeds the person’s ordinary income free area, the person’s ordinary income excess is the person’s ordinary income less the person’s ordinary income free area.
Step 10. Use the person’s ordinary income excess to work out the person’sordinary income reduction using points G17, G18 and G19.
Step 11. Add the person’s partner income reduction and ordinary income reduction: the result is the person’sincome reduction referred to in Step 9 of point A1 in MODULE A.”.
(d) Omit from Note 2 at the end of the point “ordinary”.
Omit the points, substitute:
“G2. Subject to point G4, if a person is a member of a couple and the person’s partner is receiving a social security pension, a service pension or a rehabilitation allowance, the person’s ordinary income is taken to be one half of the sum of:
(a) the amount that would be the person’s ordinary income if he or she were not a member of a couple; and
(b) the amount that would be the ordinary income of the person’s partner if the partner were not a member of a couple.”.
Omit the points, substitute:
“G12. The partner income free area for a person is:
(a) if the person is not receiving a social security benefit or a youth training allowance—the amount of income of the person (rounded up to the nearest dollar) beyond which job search allowance would not be payable to the person if the person were qualified for a job search allowance; or
(b) if the person is receiving a social security benefit or a youth training allowance—the amount of income of the person (rounded up to the nearest dollar) beyond which that benefit or allowance would not be payable to the person.
“G13. If:
(a) a person is a member of a couple; and
(b) the person’s partner is not receiving a social security pension, service pension or a rehabilitation allowance; and
(c) the partner’s ordinary income exceeds the partner income free area for the partner;
then:
(d) the person has a partner income excess; and
(e) the person’s partner income excess is the amount by which the partner’s ordinary income exceeds the partner income free area.
“G14. If a person has a partner income excess, the person’s partner income reduction is an amount equal to 70% of the part of the partner’s ordinary income that exceeds the partner income free area.
“G15. A person’s ordinary income free area is $60.
“G16. If a person’s ordinary income exceeds the person’s ordinary income free area:
(a) the person has an ordinary income excess; and
(b) the person’s ordinary income excess is the amount by which the person’s ordinary income exceeds the person’s ordinary income free area.
(a) the person’s lower range reduction (see point G18); and
(b) the person’s upper range reduction (if any) (see point G19).
“G18. The person’s lower range reduction is an amount equal to 50% of the part of the person’s ordinary income excess that does not exceed $80.
“G19. The person’s upper range reduction is an amount equal to 70% of the part (if any) of the person’s ordinary income excess that exceeds $80.”.
Omit the point.
Omit “points A4 and A5”, substitute “point A4”.
Omit the points, substitute:
“C2. The amount of an earnings credit for an earnings credit accounting period is $60.
Note: This is the amount of the ordinary income free area. See Point G15 of Part 2 of Schedule 1.”.
Omit “subsection 222(1)”, substitute “section 222”.
Omit the point.
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO SUPERANNUATION PENSIONS
Omit the definition, substitute:
“
(a) a fund or scheme included in the definition of ‘superannuation fund’ in subsection 27A(1) of the Income Tax Assessment Act, other than a fund covered by subparagraph (a) (ia) of that definition; or
(b) an eligible resident non-complying superannuation fund within the meaning of the Income Tax Assessment Act;”.
(a) After “superannuation pension” (first occurring) insert “payable from a superannuation fund”.
(b) Add at the end:
“Note: Superannuation funds, as defined in subsection 9(1), do not include non-resident superannuation funds. Consequently, income from a pension payable from a non-resident superannuation fund is not reduced by the deductible amount.”.
In relation to a period-based payment, the amendments made by this Schedule apply to income in respect of a fortnight that commences after the commencement of this Schedule.
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO NATIVE TITLE RIGHTS AND INTERESTS
Insert:
“; (t) the value of any native title rights and interests of the person, or of a community or group of which the person is a member.”.
Insert:
“(1A) In this section:
(a) native title rights and interests within the meaning of section 223 of the
(b) any rights and interests of a similar nature under any law of a State, a Territory or a foreign country (whether or not the rights and interests relate to land or waters outside Australia);
but, to avoid any doubt, does not include any right or interest in a lease or licence, or in a freehold estate.”.
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO LOAN FRINGE BENEFITS
Omit the subpoint, substitute:
“(2) The notional rate of interest for the fringe benefits year ending on 31 March 1996 is:
(a) 6.95% for a housing loan; and
(b) 11.75% for any other loan.
“(2A) The notional rate of interest for any subsequent fringe benefits year is the market rate of interest for 1 April in that year.
“(2B) For the purposes of subpoint (2A):
(a) for a housing loan—the lowest variable rate of interest for a housing loan; or
(b) for any other loan—the lowest variable rate of interest for any other loan;
that is available on that day from a bank which is one of 4 banks specified by the Minister by determination under subsection 1157Q(4A).”.
Add at the end:
“Note: For ‘housing loan’ see subsection 10A(9).”.
Omit “subsection (2) or (3)”, substitute “subsection (2), (3) or (4)”.
Omit “tax year ending 30 June 1994”, substitute “tax years ending 30 June 1994 and 30 June 1995”.
Omit the subsection, substitute:
“(4) The notional rate of interest for any subsequent tax year is the market rate of interest for 1 April in the preceding tax year.
“(4A) For the purposes of subsection (4):
(a) for a housing loan—the lowest variable rate of interest for a housing loan; or
(b) for any other loan—the lowest variable rate of interest for any other loan;
that is available on that day from a bank which is one of 4 banks specified in a written determination made by the Minister.
“(4B) A determination under subsection (4A) is a disallowable instrument for the purposes of section 46A of the
AMENDMENTS RELATING TO COMPENSATION RECOVERY AND RELATED MATTERS
Insert in their respective appropriate alphabetical positions (determined on a letter-by-letter basis):
“former payment type 17(1)
invalid wife pension 17(1)
special needs disability support wife pension 17(1)
special needs invalid wife pension 17(1)”.
Omit the paragraph.
Add at the end:
“or (k) a former payment type;”.
Omit “is receiving”, substitute “receives”.
Insert the following definitions:
“
(a) an invalid pension under the 1947 Act; or
(b) an invalid pension under this Act as previously in force; or
(c) a sheltered employment allowance under the 1947 Act; or
(d) a sheltered employment allowance under this Act as previously in force; or
(e) an unemployment benefit under the 1947 Act; or
(f) a sickness benefit under the 1947 Act; or
(g) a special benefit under the 1947 Act; or
(h) a sickness benefit under this Act as previously in force; or
(i) a rehabilitation allowance under the 1947 Act payable in place of:
(i) an invalid pension under the 1947 Act; or
(ii) a sheltered employment allowance under the 1947 Act; or
(iii) an unemployment benefit under the 1947 Act; or
(iv) a sickness benefit under the 1947 Act; or
(v) a special benefit under the 1947 Act; or
(j) a rehabilitation allowance under this Act as previously in force payable in place of:
(i) a disability support pension; or
(ii) an invalid pension under this Act as previously in force; or
(iii) a sheltered employment allowance under this Act as previously in force; or
(iv) a social security benefit; or
(v) a sickness benefit under this Act as previously in force; or
(k) an invalid wife pension under the 1947 Act; or
(l) an invalid wife pension under this Act as previously in force; or
(m) a special needs invalid pension under this Act as previously in force; or
(n) a special needs invalid wife pension under this Act as previously in force;
(a) in relation to the 1947 Act, a wife’s pension under the 1947 Act for a woman whose husband received an invalid pension under the 1947 Act; or
(b) in relation to this Act as previously in force, a wife pension for a woman whose partner received an invalid pension under this Act as previously in force;
Omit “the whole or part of’.
Insert:
“(2B) For the purposes of this Act, if:
(a) a person receives more than one lump sum payment, whether simultaneously or at different times, in relation to one or more injuries arising from the same event (see subsection (5A)); and
(b) at least one of the payments is made wholly or partly in respect of lost earnings or lost capacity to earn;
the person is taken to receive one lump sum compensation payment, made wholly or partly in respect of lost earnings or lost capacity to earn, of an amount equal to the sum of those lump sum payments.
“(2C) A reference in paragraph (2B)(a) to an injury includes a reference to a disease or condition.”.
Omit “in respect of lost earnings or lost capacity to earn”.
Omit “in respect of the lost earnings or lost capacity to earn”.
After “the purposes of’ insert “subsection (2B) of this section and”.
Omit the subsection, substitute:
“(1) If a person is or may be entitled to or receives compensation, payments of a compensation affected payment to the person or the person’s partner might be affected under this Part.
Note: For ‘compensation affected payment’ see subsection 17(1).”.
Omit “pension, benefit or allowance”, substitute “compensation affected payment”.
Omit the subsection (but not the Notes), substitute:
“(3) If the compensation is a lump sum compensation payment, the compensation affected payment might cease to be payable for a period (based on the amount of the lump sum) and some or all of the payments of the compensation affected payment might be repayable.”.
Omit “pension, benefit or allowance”, substitute “compensation affected payment”.
Omit the subsections (including the Notes), substitute:
“(5) Subject to subsection (6), payments of a compensation affected payment will only be affected under this Part if:
(a) the compensation is received on or after 1 May 1987; and
(b) either:
(i) if the compensation affected payment is a rehabilitation allowance under the 1947 Act—the rehabilitation allowance is payable in place of a compensation affected payment that was claimed on or after 1 May 1987; or
(ii) in any other case—the claim for the compensation affected payment was made on or after 1 May 1987.
“(6) Despite subsection (5), payments of a compensation affected payment may be affected under this Part if it is:
(a) a sickness benefit under the 1947 Act; or
(b) a rehabilitation allowance under the 1947 Act payable in place of a sickness benefit under the 1947 Act.
Note 1: Compensation received before 1 May 1987 can affect a person’s sickness benefit under the 1947 Act, or a person’s rehabilitation allowance under the 1947 Act if it was paid instead of a sickness benefit—see clause 25A of Schedule 1A.
Note 2: Subsections (7), (8), (8A) and (10) further limit the effect of this Part on sole parent pension, carer pension, mature age allowance, mature age partner allowance and partner allowance.”.
Omit the subsection.
Omit “is qualified for”, substitute “receives or claims”.
Omit the subsections.
Omit the subsections, substitute:
“(5) If, under subsection (2), the Secretary requires a person who receives or claims a compensation affected payment to take action to claim or obtain compensation, the compensation affected payment is not to be granted and is not payable to the person unless the person complies with the requirement.
“(6) If, under subsection (2), the Secretary requires the partner of a person who receives or claims a compensation affected payment to take action to claim or obtain compensation, the compensation affected payment is not to be granted and is not payable to the person unless the partner complies with the requirement.”.
Omit “is qualified for”, substitute “receives or claims”.
Note: The heading to section 1165 is replaced by the heading “
Compensation affected payment not payable during lump sum preclusion period ”.
Omit the paragraph, substitute:
“(c) the person receives a lump sum compensation payment (whether before or after the person receives or claims the compensation affected payment);”.
Omit “a pension, benefit or allowance”, substitute “a compensation affected payment”.
Omit the Note, substitute:
“Note 1: For ‘lump sum preclusion period’ see subsections (3) to (5).
Note 2: A series of lump sum payments can be taken to be one lump sum compensation payment under subsection 17(2B).”.
Omit “is qualified for”, substitute “receives or claims”.
Omit the paragraph, substitute:
“(c) the person, or the person’s partner, receives a lump sum compensation payment (whether before or after the person receives or claims the compensation affected payment);”.
Omit the Note, substitute:
“Note 1: For ‘lump sum preclusion period’ see subsections (3) to (5).
Note 2: A series of lump sum payments can be taken to be one lump sum compensation payment under subsection 17(2B).”.
Omit the subsection.
Omit “none of subsections (3), (3A) and (3B)”, substitute “neither subsection (3) nor (3A)”.
Omit “compensation in the form of a lump sum”, substitute “a lump sum compensation payment”.
Note: The heading to section 1166 is altered by omitting “
pension, benefit or allowance payments ” and substituting “payments of compensation affected payment ”.
Omit the Note, substitute:
“Note 1: For ‘lump sum preclusion period’ see subsections 1165(3) to (5).
Note 2: A series of lump sum payments can be taken to be one lump sum compensation payment under subsection 17(2B).”.
Omit the subsections, substitute:
“(2) Subject to subsection (5), the amount specified in the notice is the
“(3) If the person is not a member of a couple, the
(a) the compensation part of the lump sum compensation payment;
(b) the sum of the payments of the compensation affected payment made to the person for the lump sum preclusion period.
“(4) If:
(a) the person is a member of a couple; and
(b).the person’s partner does not receive a compensation affected payment or a youth training allowance for the lump sum preclusion period;
(c) the compensation part of the lump sum compensation payment;
(d) the sum of the payments of the compensation affected payment made to the person for the lump sum preclusion period.
“(4A) If:
(a) the person is a member of a couple; and
(b).the person’s partner receives a compensation affected payment or a youth training allowance for the lump sum preclusion period;
the
(c) the compensation part of the lump sum compensation payment;
(d) the sum of:
(i) the payments of the compensation affected payment made to the person for the lump sum preclusion period; and
(ii) the payments of the compensation affected payment and (if applicable) the payments of youth training allowance made to the person’s partner for the lump sum preclusion period.”.
Omit “pension, benefit or allowance”, substitute “a compensation affected payment”.
Omit “item 1 in the Table”, substitute “subsection 1166(3),”.
Omit “item 3 in the Table”, substitute “subsection 1166(4A)”.
Repeal the section, substitute:
“1167. If an amount per fortnight of a compensation affected payment is not payable to a person under section 1165 because of a lump sum compensation payment, that lump sum compensation payment is not to be regarded as ordinary income of either the person or the person’s partner for the purposes of this Act (apart from Module D of the Family Payment Rate Calculator and section 710, and section 5B of the
Note 1: For ‘ordinary income’ see section 8.
Note 2: Module D of the Family Payment Rate Calculator deals with additional family payment.
Note 3: Section 710 deals with limitations on the amount of sickness allowance payable.
Note 4: Section 5B of the
Health Insurance Act 1973 deals with the Disadvantaged Persons Health Scheme.”.
Omit “is qualified for”, substitute “receives or claims”.
Note: The heading to section 1168 is altered by omitting “
pensions, benefits and allowances ” and substituting “compensation affected payments ”.
Omit “pension, benefit or allowance is to be reduced, under subsection (3)”, substitute “compensation affected payment is to be reduced, in accordance with this section”.
Omit the subsection (but not the Rate Reduction Examples), substitute:
“(2) If the rate of a person’s compensation affected payment is to be reduced under subsection (1), subsections (3), (3A) and (3B) are to be used to work out the person’s reduced rate.
Note 1: If the fortnightly rate of periodic compensation is higher than the fortnightly rate of the compensation affected payment, the compensation affected payment will be reduced to nil for the periodic payments period.
Note 2: If a person’s rate is reduced under subsection (1), the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 1207 (maximum basic rate first, then rent assistance).
“(3) If the person is not a member of a couple, the person’s fortnightly rate of the compensation affected payment is reduced by the fortnightly rate of periodic compensation.
“(3A) If:
(a) the person is a member of a couple; and
(b) the person’s partner does not receive or claim a compensation affected payment or a youth training allowance;
the person’s fortnightly rate of the compensation affected payment is reduced by the fortnightly rate of periodic compensation.
“(3B) If:
(a) the person is a member of a couple; and
(b) the person’s partner receives or claims a compensation affected payment or a youth training allowance;
the person’s fortnightly rate of the compensation affected payment is reduced by half the fortnightly rate of the periodic compensation.”.
Omit “item 1 in the Table”, substitute “subsection 1168(3)”.
Omit “item 4 in the Table”, substitute “subsection 1168(3B)”.
Omit “pension, benefit or allowance”, substitute “compensation affected payment”.
Omit “pension, benefit or allowance”, substitute “compensation affected payment”.
Note: The heading to section 1170 is altered by omitting “
pension, benefit or allowance payments ” and substituting “payments of compensation affected payment ”.
Omit the subsections, substitute:
“(2) The amount specified in the notice is the
“(3) If the person is not a member of a couple, the
(a) the sum of the periodic compensation payments;
(b) the sum of the payments of the compensation affected payment made to the person for the periodic payments period.
“(4) If:
(a) the person is a member of a couple; and
(b) the person’s partner does not receive a compensation affected payment or a youth training allowance for the periodic payments period;
the
(c) the sum of the periodic compensation payments;
(d) the sum of the payments of the compensation affected payment made to the person for the periodic payments period.
“(4A) If:
(a) the person is a member of a couple; and
(b) the person’s partner receives a compensation affected payment or a youth training allowance for the periodic payments period;
the
(c) the sum of the periodic compensation payments;
(d) the sum of:
(i) the payments of the compensation affected payment made to the person for the periodic payments period; and
(ii) the payments of the compensation affected payment and (if applicable) the payments of youth training allowance made to the person’s partner for the periodic payments period.”.
Omit “item 1 in the Table”, substitute “subsection 1170(3)”.
Omit “item 3 in the Table”, substitute “subsection 1170(4A)”.
Repeal the section, substitute:
“1171. If an amount per fortnight of a compensation affected payment payable to a person is reduced under section 1168 because of a series of periodic compensation payments, those payments are not to be regarded as ordinary income of either the person or the person’s partner for the purposes of this Act (apart from Module D of the Family Payment Rate Calculator and section 710, and section 5B of the
Note 1: For ‘ordinary income’ see section 8.
Note 2: Module D of the Family Payment Rate Calculator deals with additional family payment.
Note 3: Section 710 deals with limitations on the amount of sickness allowance payable.
Note 4: Section 5B of the
Health Insurance Act 1973 deals with the Disadvantaged Persons Health Scheme.”.
Omit “in respect of’, substitute “wholly or partly in respect of’.
Omit “pension, benefit or allowance payments”, substitute “payments of the compensation affected payment”.
Omit “pension, benefit or allowance payments”, substitute “payments of the compensation affected payment”.
Omit the paragraph, substitute:
“(c) the sum of:
(i) the payments of the compensation affected payment payable to the person; and
(ii) the payments of the compensation affected payment and (if applicable) amounts of youth training allowance payable to the person’s partner;
for the periodic payments period or the lump sum preclusion period;”.
Omit “pension, benefit or allowance”, substitute “the compensation affected payment”.
Omit “in respect of’, substitute “wholly or partly in respect of’.
Omit “in respect of’, substitute “wholly or partly in respect of’.
Omit “pension, benefit or allowance payments”, substitute “payments of the compensation affected payment”.
Omit “pension, benefit or allowance payments”, substitute “payments of the compensation affected payment”.
Omit the paragraph, substitute:
“(c) the sum of:
(i) the payments of the compensation affected payment payable to the person; and
(ii) the payments of the compensation affected payment and (if applicable) amounts of youth training allowance payable to the person’s partner;
for the periodic payments period or the lump sum preclusion period;”.
Omit “pension, benefit or allowance”, substitute “the compensation affected payment”.
Omit “is qualified for”, substitute “receives or claims”.
Omit “qualification for the set of compensation affected payment”, substitute “receipt of or claim for the compensation affected payment”.
Insert:
“1184A.(1) This section applies if a person claims a disability support pension or disability wage supplement and:
(a) the Secretary decides under section 1164 that the disability support pension or disability wage supplement is not to be granted or is not payable; or
(b) the Secretary decides under section 1165 that the disability support pension or disability wage supplement is not payable; or
(c) the Secretary decides that, if the person were qualified for the disability support pension or disability wage supplement, the fortnightly rate of the disability support pension or disability wage supplement would be reduced to nil under section 1168.
“(2) If:
(a) an application is made for a review of that decision to the Social Security Appeals Tribunal under section 1247; and
(b) at the time of the application the Secretary has not taken the necessary steps to satisfy himself or herself as to whether the person is qualified for the disability support pension or disability wage supplement; and
(c) the person who claimed the disability support pension or disability wage supplement requests the Secretary, in writing, to take those steps;
the Secretary must take those steps as soon as practicable after the request is made.”.
Omit the item.
Omit the items, substitute:
Omit ‘If’, substitute ‘Subject to subsection (7), if’.
Insert:
‘(7) Subsection (6) does not prevent a parenting allowance being granted to the person unless the person’s maximum basic rate of parenting allowance exceeds the maximum basic component of parenting allowance.
Note: For the maximum basic component of parenting allowance see point 1068A-B6 of the Parenting Allowance Rate Calculator at the end of section 1068A.’. ”.
Omit the items, substitute:
Insert:
‘(4B) If:
(a) the person is a member of a couple; and
(b) the person’s partner receives a parenting allowance for some or all of the lump sum preclusion period;
the
(c) the compensation part of the lump sum compensation payment;
(d) the sum of:
(i) the payments of the compensation affected payment made to the person for the lump sum preclusion period; and
(ii) the payments of any compensation affected payment (excluding any payments of parenting allowance) and (if applicable) payments of youth training allowance made to the person’s partner for the lump sum preclusion period; and
(iii) any payments of parenting allowance in excess of the maximum basic component of parenting allowance made to the person’s partner during the lump sum preclusion period.
Note 1: For the maximum basic component of parenting allowance see point 1068A-B6 of the Parenting Allowance Rate Calculator at the end of section 1068A.
Note 2: If the partner of a compensation recipient receives or claims parenting allowance, parenting allowance during the lump sum preclusion period may be reduced under subsection 1165(2B).’.”.
Omit the items, substitute:
Insert:
‘(4B) If:
(a) the person is a member of a couple; and
(b) the person’s partner receives a parenting allowance for some or all of the periodic payments period;
the
(c) the sum of the periodic compensation payments;
(d) the sum of:
(i) the payments of the compensation affected payment made to the person for the periodic payments period; and
(ii) the payments of any compensation affected payment (excluding any payments of parenting allowance) and (if applicable) payments of youth training allowance made to the person’s partner for the periodic payments period; and
(iii) any payments of parenting allowance in excess of the maximum basic component of parenting allowance made to the person’s partner during the periodic payments period.
Note 1: For the maximum basic component of parenting allowance see point 1068A-B6 of the Parenting Allowance Rate Calculator at the end of section 1068A.
Note 2: If the partner of a compensation recipient receives or claims parenting allowance, parenting allowance during the periodic payments period may be reduced under subsection 1168(6).’.”.
Omit the items.
Note: The heading to item 32 of Schedule 2 is replaced by the heading “
Omit the item.
Omit “covered by the subsection”, substitute “covered by subsection (3B)”.
Omit “is qualified for”, substitute “receives or claims”.
Omit the paragraph, substitute:
“(b) the person receives a lump sum compensation payment (whether before or after the person receives or claims the allowance);”.
Omit “is qualified for”, substitute “receives or claims”.
Omit the paragraph, substitute:
“(b) the person’s partner receives a lump sum compensation payment (whether before or after the person receives or claims the allowance);”.
Omit “and (4A)”, substitute “, (4A) and (4B)”.
After “compensation affected payment” insert “(other than parenting allowance)”.
After “compensation affected payment” insert “(excluding any payments of parenting allowance)”.
Omit “is qualified for”, substitute “receives or claims”.
Omit “is qualified for”, substitute “receives or claims”.
Omit “is qualified for”, substitute “receives or claims”.
Omit “and (4A)’ substitute “, (4A) and (4B)”.
After “compensation affected payment” insert “(other than parenting allowance)”.
After “compensation affected payment” insert “(excluding any payments of parenting allowance)”.
Add at the end “and”.
Add at the end:
“and (f) a payment of compensation within the meaning of section 17 of the
Omit “subsection 1168(3)”, substitute “section 1168”.
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO OVERPAYMENTS AND DEBT RECOVERY
Omit the paragraph, substitute:
“(b) the amount of prepayment is more than the amount (if any) (the
‘correct amount’ ) of social security benefit that was payable under this Act to the person for the period; and”.
Add at the end (after the Notes):
“(2) Subsection (1) does not apply to a person who is not required to pay the enrolment fees mentioned in paragraph (1)(b).”.
AMENDMENTS OF THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990
Insert:
“
Omit the definition, substitute:
“
(a) a spouse or a partner of the person for the purposes of any personal assistance; or
(b) a spouse of the person for the purposes of any tax law; and marital status has a corresponding meaning;”.
Add at the end:
“(2) In this Act,
(a) for the purposes of the definition of ‘family identity data’ in subsection (1) and any references to family identity data—a number allocated to a person by an assistance agency for the purpose of assistance provided to the person; and
(b) for any other purpose—a number referred to in paragraph (a) as modified by the matching agency.
“(3) The reference in paragraph 5 in Step 2 of the data-matching cycle in section 7 to the matching agency extracting numbers from data includes a reference to the matching agency extracting numbers and modifying them as mentioned in paragraph (2)(b), and numbers so modified are taken to have been extracted from that data.”.
MINOR TECHNICAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
(a) Omit “15” (first occurring), substitute “14”.
(b) Omit “on that 15 February”, substitute “at the end of that 14 February”.
(a) Omit “15” (first occurring), substitute “14”.
(b) Omit “on that 15 February”, substitute “at the end of that 14 February”.
Omit the subsection.
Omit the Notes, substitute:
“Note 1: For ‘realising’ an investment see subsections 9(10) and (11).
Note 2: For ‘assessable period’ see subsection 9(1).”.
Omit “
Omit the item.
Omit the item.
Omit the subsection.
Omit “and”, substitute “or”.
Add at the end:
“(iv) if the person is partnered (partner in gaol) within the meaning of paragraph 4(11)(f)—$80 per fortnight; and”.
Omit “and ‘respite care couple’ ”, substitute ‘respite care couple’ and ‘partnered (partner in gaol)’ ”.
Add at the end:
“ | 4. | Partnered | 3 x | $73.60 | $84 |
(partner in gaol) | 4 | ,, |
Omit “and ‘respite care couple’ ”, substitute ‘respite care couple’ and ‘partnered (partner in gaol)’ ”.
Omit “subsection 17(3D)”, substitute “subsection 17(3)”.
Omit “subsection 17(3D)”, substitute “subsection 17(3)”.
Omit “section 1067A”, substitute “section 1067E”.
Omit “sickeness”, substitute “sickness”.
Omit the following entries in the Index:
“bereavement lump sum period 21(e)
bereavement notification day 21(b)
bereavement period 21(a)
bereavement rate continuation period 21(d)
first available bereavement adjustment payday 21(c)”,
substitute the following entries:
“bereavement lump sum period 21(2)(e)
bereavement notification day 21(2)(b)
bereavement period 21(2)(a)
bereavement rate continuation period 21(2)(d)
first available bereavement adjustment payday 21(2)(c)”.
Omit the following entries in the Index:
“eligible 1947 Act pensioner 19A(5)
eligible 1991 Act pensioner 19A(6)
investment 9(6)
investment product 9(1), (2)”.
Insert the following entry in the appropriate alphabetical position determined on a letter-by-letter basis:
“social security payment 23 (1)”.
Omit the Note, substitute:
“Note 1: For ‘social security pension’ see subsection 23(1).”.
Omit “an”, substitute “a”.
Omit the Note, substitute:
“Note: For ‘social security pension’ see subsection 23(1).”,
Reletter as paragraph (bb).
Reletter as paragraph (gb).
Reletter as paragraph (gb).
Omit “872”, substitute “873”.
Add at the end:
“; or (g) if the Note immediately follows a clause in a Schedule—the clause in the Schedule; or
(h) if the Note immediately follows a subclause in a Schedule—the subclause in the Schedule.”.
Omit the Note, substitute:
“Note 2: For ‘social security pension’ see subsection 23(1).”.
Omit “7A”, substitute “23(1) and Schedule 1B”.
Omit “94(1)(f)”, substitute “94(1)(e)’\
Omit the Note, substitute:
“Note 2: For ‘social security pension’ and ‘social security benefit’ see subsection 23(1).”.
Omit the Note, substitute:
“Note 2: For ‘social security pension’ and ‘social security benefit’ see subsection 23(1).”.
Omit the Note, substitute:
“Note 2: For ‘social security pension’ and ‘social security benefit’ see subsection 23(1).”.
Add at the end:
“Note 3: If a person seeks review of a cancellation decision under this section, a payment of sole parent pension may be continued pending the outcome of the review. If the application for review is made within 14 days of notification of the decision, continued payment will be automatic (see section 1242 (Internal Review) and section 1252 (Review by Social Security Appeals Tribunal)). If the application is made after that time, continued payment is at the Secretary’s discretion (see section 1241 (Internal Review) and section 1251 (Review by Social Security Appeals Tribunal)).”.
Omit the Note.
Omit the Note, substitute:
“Note 2: For ‘social security pension’ and ‘social security benefit’ see subsection 23(1).”.
Repeal the section.
Omit the Note, substitute:
“Note 2: For ‘social security pension’ and ‘social security benefit’ see subsection 23(1).”.
Omit the Notes, substitute:
“Note: For ‘activity test’ see section 522
Omit the Note, substitute:
“Note: For ‘social security pension’ see subsection 23(1).”.
Omit the Note, substitute:
“Note 2: For ‘social security pension’ see subsection 23(1).”.
Omit “subparagraph 513(c)(iv)”, substitute “subparagraphs 513(1)(c)(iv) and 513(2)(c)(iv)’.
Omit “subsections (4A) and (4B)”, substitute “subsection (4B)”.
Omit the subsection.
Omit the Note, substitute:
“Note: For ‘social security pension’ see subsection 23(1).”.
Omit the Note, substitute:
“Note: For ‘social security pension’ and ‘social security benefit’ see subsection 23(1).”.
Omit “paragraph 593(g)”, substitute “subparagraphs 593(1)(g)(iv) and 593(2)(g)(iv)”.
Omit the Note.
Omit “subsections (4A) and (4B)”, substitute “subsection (4B)”.
Omit the subsection.
Omit the Note, substitute:
“Note 2: For ‘social security benefit’ see subsection 23(1).”.
Omit “513(c)(iv) or 593(g)(iv)”, substitute “513(1)(c)(iv) or 593(1)(g)(iv)”.
Omit “subsection 546C(4) or 630C(4)”, substitute “section 546C or 630C”.
Omit the Note, substitute:
“Note: For ‘social security pension’ see subsection 23(1).”.
Omit the Note, substitute:
“Note 2: For ‘social security pension’ and ‘social security benefit’ see subsection 23(1).”.
Omit the Note, substitute:
“Note 2: For ‘social security pension’ and ‘social security benefit’ see subsection 23(1).”.
Add at the end:
“ | 9. | Partnered (partner in gaol) | $56.00 | ”. |
Omit the Notes, 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 2: For ‘dependent child’ see section 5.
Note 3: For ‘partner with a rent increase pension’ see point 1064-D4.
Note 4: The Rate B amounts, and the rent threshold amounts in column 3, are indexed 6 monthly in line with CPI increases(see sections 1191 to 1194).”.
Omit the paragraph, substitute:
“(h) either:
(i) neither the person nor the person’s partner is qualified for additional family payment for a dependent child of the person; or
(ii) the person is a member of an illness separated or respite care couple or a temporarily separated couple and is the partner of a person who is receiving additional family payment.”.
Omit “Partner”, substitute “Partnered”.
Omit the Note, substitute:
“Note: For ‘social security pension’ see subsection 23(1).”.
After “allowance” insert “or sickness allowance”.
After “benefit” insert “or social security pension”.
Omit the paragraph, substitute:
“(f) either:
(i) neither the person nor the person’s partner is qualified for additional family payment for a dependent child of the person; or
(ii) the person is a member of an illness separated or respite care couple or a temporarily separated couple and is the partner of a person who is receiving additional family payment.”.
Omit the Note, substitute:
“Note: For ‘social security pension’ see subsection 23(1).”.
Omit the point, substitute:
“1068-F16.
Omit “6”, substitute “13”.
Note: The heading to Point 1069-D20 is altered by omitting “
Omit the subsection, substitute:
“(3) For the purposes of subsection (2), an annuity is a
(a) the annuity is able to be disposed of; or
(b) a substantial part of the income under the annuity is, or may be, deferred.”.
Omit the Note, substitute:
“Note 1: For ‘social security pension’ see subsection 23(1).”.
Omit:
“Note: If someone else is receiving a payment that depends on the person in gaol receiving a social security benefit, that other person’s payment is not payable during the period identified in this section. That other person may, however, become qualified for another social security benefit.”.
substitute:
“Note 1: If someone else is receiving a payment that depends on the person in gaol receiving a social security benefit, that other person’s payment is not payable during the period identified in this section. That other person may, however, become qualified for another social security benefit.”.
Renumber each Note from number 1 to number 7.
Omit the Note, substitute:
“Note 5: Subsection 660XBA(3) provides that a person is taken to be in Australia for the purposes of paragraph 660XBA(l)(f) (qualification for mature age allowance) if the person is temporarily absent from Australia for the period of 26 weeks or less. Similar provisions exist for mature age partner allowance (see subsection 660XBI(2) and paragraph 660XBI(1)(c)).”.
Omit the clauses.
Repeal the Division.
Insert:
“
OTHER MINOR TECHNICAL AMENDMENTS
Omit “
Omit “Youth Training Allowance”, substitute “youth training allowance”.
Omit “or newstart allowance”, substitute “, newstart allowance or a youth training allowance”.
Insert:
“(ia) a youth training allowance; or”.
Omit “Youth Training Allowance” (wherever occurring), substitute “youth training allowance”.
Omit the subsection, substitute:
“ ‘(1) A parenting allowance is not payable if:
(a) a period of non-payment of job search allowance has been applied to the person under paragraph 526(1)(j) of this Act; or
(b) a period of non-payment of newstart allowance has been applied to the person under paragraph 608(1)(j) of this Act; or
(c) a period of non-payment of youth training allowance has been applied to the person under paragraph 85(l)(k), (1) or (m) of the
Student and Youth Assistance Act 1973 ;
and that period has not ended.”.
Note: The heading to proposed section 926 is replaced by the heading “
Non-payment periods for job search allowance, newstart allowance and youth training allowance ”.
Omit “the benefit”, substitute “the social security benefit or youth training allowance”.
After “social security benefit” insert “, a youth training allowance”.
Omit “or a social security benefit”, substitute “, a social security benefit or a youth training allowance”.
Omit “or a social security benefit”, substitute “, a social security benefit or a youth training allowance”.
After “a social security benefit” insert “or a youth training allowance”.
After “benefit” (last occurring) insert “or allowance”.
Omit “$123.60”, substitute “$61.80”.
After “a social security benefit” insert “or a youth training allowance”.
After “Benefit Rate Calculator A,” insert “Module G of the Sickness Allowance Rate Calculator,”.
Insert:
“; or (iii) would be receiving a youth training allowance but for the application of the income test under Module G of Part 2 of Schedule 1 to the
Student and Youth Assistance Act 1973. ".
Omit “$61.80”, substitute “$103.60”.
Omit “$71.20”, substitute “$69.20”.
Omit “or benefit”, substitute “, a benefit or a youth training allowance”.
Insert in Part 3 of Schedule 1:
“
Omit:
Omit the item, substitute:
“
Before ‘for homeowner’ insert ‘or parenting allowance’.”.
Omit the item, substitute:
“
Before ‘for non-homeowner’ insert ‘or parenting allowance’.”.
Omit the item, substitute:
“
Before ‘for homeowner’ insert ‘or parenting allowance’.”.
Omit the item, substitute:
“
Before ‘for non-homeowner’ insert ‘or parenting allowance’.”.
Omit the item, substitute:
“
Omit paragraphs (a), (b) and (c), substitute:
‘(a) who is receiving a social security benefit (other than sickness allowance payable to a person referred to in subsection 709(3)) and who has a partner; or
(b) who is receiving a parenting allowance’.”.
Omit the item, substitute:
“
Before ‘and is a member’ insert ‘or a parenting allowance’.”.
Omit the item, substitute:
“
Omit all the words from and including ‘person who’, substitute:
‘person:
(a) who is receiving a social security benefit (other than sickness allowance payable to a person referred to in subsection 709(3)) and has a partner who is getting a service pension; or
(b) who is receiving a parenting allowance and whose partner is getting a service pension’.”.
Omit the item, substitute:
“
Omit paragraphs (a), (b) and (c), substitute:
‘(a) who is receiving a social security benefit (other than sickness allowance payable to a person referred to in subsection 709(3)) and has a partner who is in gaol; or
(b) who is receiving a parenting allowance and whose partner is in gaol’.”.
(a) Omit “item 49D”, substitute “item 49J”.
(b) Omit “49E”, substitute “49K”.
(a) Omit “item 33”, substitute “item 33A”.
(b) Omit “33A”
, substitute “33B”.
(a) After “a social security benefit” insert “or a youth training allowance,”.
(b) Reletter the proposed paragraph as paragraph (zm).
After “a social security benefit” insert “or a youth training allowance”.
After “benefit” (last occurring) insert “or allowance”.
After “a social security benefit” insert “or a youth training allowance”.
After “benefit” (last occurring) insert “or allowance”.
Omit “or a parenting allowance”, substitute “, a parenting allowance or a youth training allowance”.
After “social security benefit” insert “, parenting allowance or youth training allowance”.
Omit the items, substitute:
“
Omit the subsection, substitute:
‘(1) Subject to subsections (1A) and (3), and section 771HB, a person is qualified for a partner allowance in respect of a period if:
(a) throughout the period, the person is a member of a couple; and
(b) throughout the period, the person’s partner is at least 21; and
(c) throughout the period, the person’s partner is receiving job search allowance, newstart allowance, sickness allowance, special benefit, rehabilitation allowance, age pension, disability support pension, disability wage supplement or mature age allowance; and
(d) throughout the period, the person:
(i) is an Australian resident; and
(ii) is in Australia; and
(e) the person was born on or before 1 July 1955; and
(f) the person is not qualified for parenting allowance at any time during the period; and
(g) the person has not received job search allowance, newstart allowance or sickness allowance at any time in the 13 week period immediately before the day on which the person claimed partner allowance; and
(h) the person does not have recent workforce experience.
Note 1: For “member of a couple” see section 4.
Note 2: For “Australian resident” see section 7.
Note 3: A person may be temporarily absent from Australia for up to 3 months and nevertheless be treated as being in Australia for the purposes of this section (see subsection (4)).’.”.
Insert:
“
Omit the subsection.”.
After “
1. On the commencement of Part 7 of Schedule 19:
(a) the heading to section 372B is altered by omitting “
(b) the heading to section 391 is altered by omitting “
(c) the heading to section 661 is replaced by the heading “
Job search allowees over 18 or newstart allowees ”;
(d) the heading to section 953 is altered by omitting “
(e) the heading to section 1074 is altered by omitting “
[
House of Representatives on 19 June 1995 Senate on 21 June 1995
0
0
0