Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995 (Cth)
Section
1. Short title
2. Commencement
3. Amendments
SCHEDULE 1
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO ENTITLEMENTS OF SOCIAL SECURITY RECIPIENTS OUTSIDE AUSTRALIA
SCHEDULE 2
AMENDMENTS OF THE CHILD CARE ACT 1972 AND THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990
PART 1—AMENDMENTS OF THE CHILD CARE ACT 1972
PART 2—AMENDMENTS OF THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 COMMENCING ON ROYAL ASSENT
CONTENTS
PART 3—AMENDMENTS OF THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 COMMENCING ON 1 JANUARY 1996
SCHEDULE 3
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO WAIVER OF DEBTS
SCHEDULE 4
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO INCREASE RENT ASSISTANCE THRESHOLDS AND FAMILY PAYMENT RENT ASSISTANCE
SCHEDULE 5
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO PRESERVED RENT ASSISTANCE ENTITLEMENTS
PART 1—AMENDMENTS COMMENCING IMMEDIATELY BEFORE 20 MARCH 1996
PART 2—AMENDMENTS COMMENCING ON 19 MARCH 1996
SCHEDULE 6
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 AND INCOME TAX ASSESSMENT ACT 1936 TO PROVIDE FOR RESIDENTIAL CARE ALLOWANCE
PART 1—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
PART 2—AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936
SCHEDULE 7
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO PROVIDE FOR IMMEDIATE RENT ASSISTANCE FOR THOSE LEAVING HOME TO RECEIVE OR GIVE COMMUNITY-BASED CARE
SCHEDULE 8
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO EXTEND DISREGARD OF HOMES OF PERSONS WHO ARE RECEIVING OR GIVING COMMUNITY-BASED CARE OR ARE IN RESIDENTIAL CARE
SCHEDULE 9
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO CONTINUE PAYMENT OF CARER PENSION AFTER PERSON RECEIVING CARE IS ADMITTED TO AN INSTITUTION
SCHEDULE 10
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO PROVIDE CARER PENSION FOR PERSONS CARING FOR PERSONS WHO DO NOT RECEIVE PENSIONS OR BENEFITS
CONTENTS
SCHEDULE 11
AMENDMENT OF THE SOCIAL SECURITY ACT 1991 TO REMOVE REQUIREMENT FOR CARER PENSIONER TO LIVE WITH, OR NEXT TO, PERSON CARED FOR
SCHEDULE 12
ADVANCE PAYMENTS OF SOME SOCIAL SECURITY PENSIONS AND SOCIAL SECURITY BENEFITS
SCHEDULE 13
AMENDMENT OF THE SOCIAL SECURITY ACT 1991 TO INCREASE GUARDIAN ALLOWANCE
SCHEDULE 14
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO PARENTING ALLOWANCE
SCHEDULE 15
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO COMPENSATION RECOVERY
SCHEDULE 16
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO CHANGE OF BENEFIT DURING WAITING PERIOD
SCHEDULE 17
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO SICKNESS
ALLOWANCE
SCHEDULE 18
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO BEREAVEMENT PAYMENTS
SCHEDULE 19
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO NOMINATION OF BANK ACCOUNTS FOR PAYMENTS OF PENSIONS OR BENEFITS
SCHEDULE 20
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO MAINTENANCE
SCHEDULE 21
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO PROTECTION OF SOCIAL SECURITY PAYMENTS
CONTENTS
SCHEDULE 22
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO LABOUR MARKET PROGRAMS
SCHEDULE 23
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO CROSS-REFERENCES IN PENALTY PROVISIONS TO THE CRIMES ACT 1914
SCHEDULE 24
OTHER AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
SCHEDULE 25
AMENDMENTS OF THE FARM HOUSEHOLD SUPPORT ACT 1992
[
The Parliament of Australia enacts:
(a) Parts 1 and 3 of Schedule 2;
(b) items 1, 2 and 5 of Schedule 17.
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO ENTITLEMENTS OF SOCIAL SECURITY RECIPIENTS OUTSIDE AUSTRALIA
After “1218” insert 1218A, 1218B, 1218C”.
Insert:
“(6) If the favourable determination is made to reverse the effect of a determination that cancelled or suspended an age pension because the pension ceased to be payable under section 1218, the favourable determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the cancellation or suspension.”.
Omit “and (6)”, substitute “, (6) and (7)”.
Add at the end:
“(7) If the adverse determination is made because pension ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which pension ceased to be payable under that section.”.
After “1218” insert “, 1218A, 1218B, 1218C”.
Insert:
“(6) If the favourable determination is made to reverse the effect of a determination that cancelled or suspended a disability support pension because the pension ceased to be payable under section 1218, the favourable
determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the cancellation or suspension.”.
Omit “and (8)”, substitute (8) and (9)”.
Add at the end:
“(9) If the adverse determination is made because pension ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which pension ceased to be payable under that section.”.
After “1218” insert 1218A, 1218B, 1218C”
Insert:
“(6) If the favourable determination is made to reverse the effect of a determination that cancelled or suspended a wife pension because the pension ceased to be payable under section 1218, the favourable determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the cancellation or suspension.”.
Omit “and (8)”, substitute “, (8) and (9)”.
Add at the end:
“(9) If the adverse determination is made because pension ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which pension ceased to be payable under that section.”.
After “1218” insert", 1218A, 1218B, 1218C”.
Insert:
“(6) If the favourable determination is made to reverse the effect of a determination that cancelled or suspended a sole parent pension because the pension ceased to be payable under section 1218, the favourable determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the cancellation or suspension.”.
Omit “and (8)”, substitute “, (8) and (9)”.
Add at the end:
“(9) If the adverse determination is made because pension ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which pension ceased to be payable under that section.”.
After “1218” insert “, 1218A, 1218B, 1218C”.
Insert:
“(6) If the favourable determination is made to reverse the effect of a determination that cancelled or suspended a bereavement allowance because the allowance ceased to be payable under section 1218, the favourable determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the cancellation or suspension.”.
Omit “and (6)”, substitute “, (6) and (7)”.
Add at the end:
“(7) If the adverse determination is made because allowance ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which allowance ceased to be payable under that section.”.
After “1218” insert 1218A, 1218B, 1218C”.
Insert:
“(6) If the favourable determination is made to reverse the effect of a determination that cancelled or suspended a widow B pension because the pension ceased to be payable under section 1218, the favourable determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the cancellation or suspension.”.
Omit “and (6)”, substitute “, (6) and (7)”.
Add at the end:
“(7) If the adverse determination is made because pension ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which pension ceased to be payable under that section.”.
After “1218” insert “, 1218A, 1218B, 1218C”.
After “1218” insert “, 1218A, 1218B, 1218C”.
After “1218” insert 1218A, 1218B, 1218C”.
After “1218” insert 1218A, 1218B, 1218C”.
Repeal the section, substitute:
“1218.(1) This section and sections 1218A, 1218B and 1218C apply in relation to the following social security payments:
(a) age pension;
(b) disability support pension;
(c) wife pension;
(d) sole parent pension;
(e) bereavement allowance;
(f) widow B pension.
“(2) Subject to sections 1218A and 1218B, a person who is absent from Australia for more than 6 months ceases to be qualified for a social security payment 6 months after the person’s departure from Australia, unless the person has been given a departure certificate under section 1219 relating to the departure.
“(3) If a person ceases to be qualified for a social security payment as a result of subsection (2):
(a) the person remains disqualified until the person becomes qualified again for the payment (either under subsection 1218C(1) or by any other means); and
(b) the payment ceases to be payable to the person from the time the person ceased to be qualified until the time the person becomes qualified for the payment again.
“1218A.(1) A person is taken not to cease being qualified, or not to have ceased to have been qualified, for a social security payment as a result of subsection 1218(2) for a period of not more than 18 months specified in writing by the Secretary.
“(2) The Secretary may specify in writing a period in relation to a person for the purposes of subsection (1) if the Secretary:
(a) becomes aware of the person’s departure less than 2 years after it occurred; and
(b) considers that there are circumstances that were not within the person’s control that justify the person continuing, or being taken to have continued, to be qualified during the specified period.
“(3) Subsection 1218(2) is taken never to have applied in relation to the person’s departure if the Secretary is satisfied that the person was qualified for a social security payment continuously from the day of the person’s departure until immediately before the end of the period specified by the Secretary in relation to the person.
Joe receives age pension. He leaves Australia on 1 January 1996 without a departure certificate, intending to spend 2 months outside Australia. While outside Australia, he suffers a serious illness that prevents him from communicating with people in Australia and from returning to Australia. The Secretary finds out about Joe’s departure on 1 May 1996 and sends a recipient statement notice to Joe’s last known address in Australia. The notice is not returned and Joe’s age pension is cancelled with effect from 1 July 1996. Joe returns to Australia on 28 January 1997. The Secretary finds out about Joe’s illness on 1 February 1997, considers that Joe’s illness is a circumstance beyond Joe’s control and specifies that Joe should be taken not to have ceased to have been qualified for age pension for the period from 1 July 1996 until 28 January 1997 (inclusive).
Joe is qualified for age pension from 1 January 1996 until 28 January 1997 (inclusive), despite the fact that he was outside Australia and despite the cancellation of his pension with effect from 1 July 1996. (He continues to qualify for age pension once he is back in Australia on and after 28 January 1997.)
Jane receives age pension. She leaves Australia on 1 February 1996 without a departure certificate. The Secretary finds out about Jane’s departure on 10 August 1996 and sends a recipient statement notice to Jane’s last known address in Australia. On 25 August 1996, a major natural disaster strikes the remote region where Jane is. The disaster cuts all communications with the rest of the world and is expected to prevent people from leaving the region for several months. On 12 September 1996 the Secretary finds out from Jane’s daughter how the natural disaster has affected the region where Jane is. The Secretary considers the natural disaster is a circumstance beyond Jane’s control that justifies Jane continuing to be qualified for age pension from 1 August to 30 November 1996 (the day by which Jane could reasonably be expected to have provided information about her continuing qualification or to have returned to Australia). On 13 September 1996, the Secretary specifies under section 1218A that Jane should continue to be qualified for that period.
Jane is qualified for age pension from 1 February to 30 November 1996. (If Jane is still outside Australia after 30 November 1996, the question whether she qualifies for age pension then will depend on whether subsection 1218A(3) or section 1218B or 1218C applies to her.)
“1218B.(1) If:
(a) the Secretary becomes aware of a person’s departure from Australia less than 12 months after the departure; and
(b) the Secretary has reason to believe that the person may have been qualified for a social security payment at the time of the person’s departure; and
(c) the Secretary has not given the person a departure certificate relating to the person’s departure; and
(d) the Secretary is not aware that the person has returned to Australia within 6 months after the person’s departure;
the Secretary must send a recipient statement notice to the person.
“(2) Subsection 1218(2) is taken never to have applied in relation to a particular departure by a person if:
(a) no more than 3 months after the Secretary first sent the person a recipient statement notice under subsection (1) of this section, the Secretary receives from the person a recipient statement notice that the Secretary sent to the person under that subsection; and
(b) the Secretary is satisfied that the person would have been qualified for a social security payment from the day of the person’s departure until the return of the notice if subsection 1218(2) had not applied to the person.
“1218C.(1) A person who ceased to be qualified for a social security payment as a result of subsection 1218(2) (and has not become qualified again by any other means) becomes qualified again if:
(a) more than 3 months after the Secretary first sent the person a recipient statement notice under subsection 1218B(1) but not more than 12 months after the person departed from Australia, the Secretary receives from the person a recipient statement notice that the Secretary sent to the person under that subsection; and
(b) the Secretary is satisfied that the person would have been qualified for a social security payment from the day of the person’s departure until the day that the Secretary received the returned notice if subsection 1218(2) had not applied to the person.
“(2) A person becomes qualified under subsection (1) on the day the Secretary receives the returned notice.”.
Insert:
“(1A) In varying or substituting a decision under subsection (1), an authorised review officer may not exercise the Secretary’s power under subsection 1218A(2) (which allows the Secretary to continue a person’s qualification for a social security payment despite lack of a departure certificate, in circumstances beyond the person’s control).”.
Add at the end:
“(ka) under subsection 1218A(2) (continuation of social security payment despite lack of departure certificate, in circumstances beyond the control of the recipient of the payment).”.
Insert:
“(1A) In varying or substituting a decision under subsection (1), the SSAT may not exercise the Secretary’s power under subsection 1218A(2) (which allows the Secretary to continue a person’s qualification for a social security payment despite lack of a departure certificate, in circumstances beyond the person’s control).”.
Insert in Division 2 of Part 6.4:
“1294A. The AAT Act applies to the review under section 1283 of a decision as if the reference in subsection 43(1) of the AAT Act to all the powers and discretions conferred on the person who made the decision excluded the Secretary’s power under subsection 1218A(2) (which allows the Secretary to continue a person’s qualification for a social security payment despite lack of a departure certificate, in circumstances beyond the person’s control).”.
Omit the subsection, substitute:
“(2) The Secretary cannot delegate:
(a) the Secretary’s power under subsection 1218A(2) (continuation of social security payment despite lack of departure certificate, in circumstances beyond the control of the recipient of the payment); or
(b) the Secretary’s power under paragraph 1314(1)(b) (disclosure of information).”.
The amendments made by this Schedule extend to persons who departed from Australia on or after 1 January 1995 but before this item commenced.
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AMENDMENTS OF THE CHILD CARE ACT 1972 AND THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990
Insert:
“
(a) an eligible child care centre; or
(b) any other child care service, the operator of which receives from the Commonwealth a grant of a similar kind to grants made under section 12A.
Insert in Part III:
“12B.(1) The operator of an approved child care service may not allow fee relief for a child, to a person who is a fee relief beneficiary in relation to the child, from a grant if:
(a) the person is requested under section 12D to:
(i) give the Social Security Secretary a written statement of the person’s tax file number; or
(ii) apply for a tax file number and give the Social Security Secretary a written statement of the person’s tax file number once it has been issued; and
(b) the person has neither:
(i) given the Social Security Secretary a written statement of the person’s tax file number; nor
(ii) given the Social Security Secretary a declaration by the person in a form approved by the Social Security Secretary and satisfied either subsection (3) or (4).
“(2) If a person who is a fee relief beneficiary in relation to a child is requested under section 12D to:
(a) give the Social Security Secretary a written statement of the person’s tax file number; or
(b) apply for a tax file number and give the Social Security Secretary a written statement of the person’s tax file number once it has been issued;
the person is not to be given an assessment of entitlement to fee relief for the child if the person has neither:
(c) given the Social Security Secretary a written statement of the person’s tax file number; nor
(d) given the Social Security Secretary a declaration by the person in a form approved by the Social Security Secretary and satisfied either subsection (3) or (4).
“(3) A person satisfies this subsection if:
(a) the person’s declaration states that the person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the person of the person’s tax file number; and
(b) the person has given the Social Security Secretary a document by the person that authorises the Commissioner of Taxation to tell the Social Security Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number—the tax file number; and
(c) the Commissioner of Taxation had not told the Social Security Secretary that the person has no tax file number.
“(4) A person satisfies this subsection if:
(a) the person’s declaration states that the person has applied for a tax file number; and
(b) the person has given the Social Security Secretary a document by the person that authorises the Commissioner of Taxation to tell the Social Security Secretary:
(i) if the tax file number is issued to the person—the tax file number; or
(ii) if the application is refused—that the application has been refused; or
(iii) if the application is withdrawn—that the application has been withdrawn; and
(c) the Commissioner of Taxation has not told the Social Security Secretary that the person has not applied for a tax file number; and
(d) the Commissioner of Taxation has not told the Social Security Secretary that an application by the person for a tax file number has been refused; and
(e) the application for a tax file number has not been withdrawn.
“12C.(1) Subject to subsection (5), the operator of an approved child care service may not allow fee relief for a child, to a person who is a fee relief beneficiary in relation to the child, from a grant if:
(a) the person is a member of a couple; and
(b) the person is requested under section 12E to give the Social Security Secretary a written statement of the tax file number of the person’s partner; and
(c) the person has neither:
(i) given the Social Security Secretary a written statement of the partner’s tax file number; nor
(ii) given the Social Security Secretary a declaration by the partner in a form approved by the Social Security Secretary and satisfied either subsection (3) or (4).
“(2) If a person who is a fee relief beneficiary in relation to a child is requested under section 12D to give the Social Security Secretary a written statement of the tax file number of the person’s partner, the person is not to be given an assessment of entitlement to fee relief for the child if the person has neither:
(a) given the Social Security Secretary a written statement of the partner’s tax file number; nor
(b) given the Social Security Secretary a declaration by the partner in a form approved by the Social Security Secretary and satisfied either subsection (3) or (4).
“(3) A person satisfies this subsection if:
(a) the partner’s declaration states that the partner:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the partner of the partner’s tax file number; and
(b) the person has given the Social Security Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Social Security Secretary:
(i) whether the partner has a tax file number; and
(ii) if the partner has a tax file number—the tax file number; and
(c) the Commissioner of Taxation has not told the Social Security Secretary that the partner has no tax file number.
“(4) A person satisfies this subsection if:
(a) the partner’s declaration states that an application by the partner for a tax file number is pending; and
(b) the person has given the Social Security Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Social Security Secretary:
(i) if the tax file number is issued to the partner—the tax file number; or
(ii) if the application is refused—that the application has been refused; or
(iii) if the application is withdrawn—that the application has been withdrawn; and
(c) the Commissioner of Taxation has not told the Social Security Secretary that an application by the partner for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
“(5) The Social Security Secretary may waive the request for a statement of the partner’s tax file number if the Social Security Secretary is satisfied that:
(a) the person does not know the partner’s tax file number; and
(b) the person can obtain none of the following from the partner:
(i) the partner’s tax file number;
(ii) a statement of the partner’s tax file number;
(iii) a declaration by the partner under subparagraph (1)(c)(ii).
“12D.(1) If a person who is a fee relief beneficiary is in Australia, the Social Security Secretary may request but not compel the person:
(a) if the person has a tax file number—to give the Social Security Secretary a written statement of the person’s tax file number; or
(b) if the person does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number; and
(ii) to give the Social Security Secretary a written statement of the person’s tax file number after the Commissioner of Taxation has issued it.
“(2) A grant is not to be made to the operator of an approved child care service to enable the operator to allow fee relief for a child if:
(a) a person who is a fee relief beneficiary in relation to the child has failed to satisfy a request made under subsection (1); and
(b) the Social Security Secretary has not exempted the person from having to satisfy the request.
“(3) A person who is a fee relief beneficiary in relation to a child is not to be given an assessment of entitlement to fee relief for the child if:
(a) the person has failed to satisfy a request made under subsection (1); and
(b) the Social Security Secretary has not exempted the person from having to satisfy the request.
Note: In some cases the request can be satisfied by giving the Social Security Secretary a declaration by the person about the person’s tax file number and an authority by the person to the Commissioner of Taxation to give the Social Security Secretary certain information about the person’s tax file number (see subsections 12B(3) and (4)).
“12E.(1) If:
(a) a person who is a fee relief beneficiary is a member of a couple; and
(b) the person’s partner is in Australia;
the Social Security Secretary may request but not compel the person to give the Social Security Secretary a written statement of the tax file number of the person’s partner.
“(2) A grant is not to be made to the operator of an approved child care service to enable the operator to allow fee relief for a child if:
(a) a person who is a fee relief beneficiary in relation to the child has failed to satisfy a request made under subsection (1); and
(b) the Social Security Secretary has not exempted the person from having to satisfy the request.
“(3) A person who is a fee relief beneficiary in relation to a child is not to be given an assessment of entitlement to fee relief for the child if:
(a) the person has failed to satisfy a request made under subsection (1); and
(b) the Social Security Secretary has not exempted the person from having to satisfy the request.
Note 1: In some cases the request can be satisfied by giving the Social Security Secretary a declaration by the partner about the partner’s tax file number and an authority by the partner to the Commissioner of Taxation to give the Social Security Secretary certain information about the partner’s tax file number (see subsections 12C(3) and (4)).
Note 2: The Social Security Secretary may waive the request in some cases (see subsection 12C(5)).”.
Omit paragraphs (g) and (h).
Omit the paragraph.
Omit “either of the checks”, substitute “the check”.
Insert:
“(ca) the date of the most recent assessment under the
(cb) the amount of spouse rebate;”.
Omit the paragraph.
Omit “, after matching under paragraph 10,”.
Insert:
“(2B) After the end of each financial year, each agency must give the Privacy Commissioner and cause to be laid before each House of the Parliament a report including the matters relating to the data-matching program carried out during the financial year:
(a) that are specified in paragraphs 9(i) and 9(vi) of the guidelines issued by the Privacy Commissioner on 31 October 1994; or
(b) if the guidelines described in paragraph (a) are replaced—that are specified for the purposes of this subsection in the guidelines issued by the Privacy Commissioner as in force from time to time.
“(2C) After the 3-year period ending on 30 June 1998, and after each successive 3-year period, each agency must give the Minister responsible for the agency a report for presentation to the Parliament including all the details relating to the data-matching program carried out during the period:
(a) that are specified in guideline 12 of the guidelines issued by the Privacy Commissioner on 31 October 1994; or
(b) if the guidelines described in paragraph (a) are replaced—that are specified for the purposes of this subsection in the guidelines issued by the Privacy Commissioner as in force from time to time.
Note: Section 34C of the
Acts Interpretation Act 1901 sets time limits for giving reports to Ministers and for presentation of reports to the Parliament.”.
Omit the section, substitute the following section;
“
Before paragraph (b) insert:
“(a) the Department of Human Services and Health; or”.
Omit “or benefit”, substitute “, benefit or program”.
After subparagraph (xxivc) insert:
“(xxivd) Childcare assistance (fee relief);
(xxive) fee relief under the
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AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO WAIVER OF DEBTS
Repeal the section, substitute:
“1236A.(1) Sections 1237, 1237A, 1237AA, 1237AAA, 1237AAB, 1237AAC and 1237AAD apply to:
(a) debts arising on or after 1 January 1996; and
(b) the amounts of debts arising before 1 January 1996 that were outstanding at the start of that day.
“(2) Section 1237AB applies to all debts, whenever incurred, owed to the Commonwealth and arising under this Act or under the
Repeal the sections, substitute:
“1237.(1) On behalf of the Commonwealth, the Secretary may waive the Commonwealth’s right to recover the whole or a part of a debt from a debtor only in the circumstances described in section 1237A, 1237AA, 1237AAA, 1237AAB, 1237AAC or 1237AAD.
(a) on the day specified in the waiver (whether that day is before, after or on the day on which the decision to waive is made); or
(b) if the waiver does not specify when it takes effect—on the day on which the decision to waive is made.
Note: If the Secretary waives the Commonwealth’s right to recover all or part of a debt, this is a permanent bar to recovery of the debt or part of the debt—the debt or part of the debt effectively ceases to exist.
“1237A.(1) The Secretary must waive the right to recover the proportion of a debt that is attributable solely to an administrative error made by the Commonwealth if the debtor received in good faith the payment or payments that gave rise to that proportion of the debt.
Note: Subsection (1) does not allow waiver of a part of a debt that was caused partly by administrative error and partly by one or more other factors (such as error by the debtor).
“(2) If:
(a) a debt arose because the debtor or the debtor’s partner underestimated the value of particular property of the debtor or partner; and
(b) the estimate was made in good faith; and
(c) the value of the property was not able to be easily determined when the estimate was made;
the Secretary must waive the right to recover the proportion of the debt attributable to the underestimate.
“(3) For the purposes of this section, a proportion of a debt may be 100% of the debt.
“1237AA.(1) If:
(a) a debtor has been convicted of an offence that gave rise to a proportion of a debt; and
(b) the court indicated in sentencing the debtor that it imposed a longer custodial sentence on the debtor because he or she was unable or unwilling to pay the debt;
the Secretary must waive the right to recover the proportion of the debt that arose in connection with the offence.
“(2) For the purposes of this section, a proportion of a debt may be 100% of the debt.
“1237AAA.(1) The Secretary must waive the right to recover a debt if:
(a) the debt is, or is likely to be, less than $200; and
(b) it is not cost effective for the Commonwealth to take action to recover the debt.
“(2) Subsection (1) does not apply if the debt is at least $50 and could be recovered by deductions under section 1231 from a social security payment of the debtor.
“1237AAB.(1) If the Commonwealth has agreed to settle a civil action against a debtor for recovery of a debt for less than the full amount of the debt, the Secretary must waive the right to recover the difference between the debt and the amount that is the subject of the settlement.
“(2) If the Secretary has agreed to settle proceedings before the AAT relating to recovery of a debt on the basis that the debtor will pay less than the full amount of the debt, the Secretary must waive the right to recover the difference between the debt and the amount that is the subject of the settlement.
“(3) If:
(a) the Commonwealth has recovered at least 80% of the original value of a debt from a debtor; and
(b) the Commonwealth and the debtor agree that the recovery is in full satisfaction for the whole of the debt; and
(c) the debtor cannot repay a greater proportion of the debt;
the Secretary must waive the remaining 20% or less of the value of the original debt.
“(4) If the Secretary and a debtor agree that the debtor’s debt will be fully satisfied if the debtor pays the Commonwealth an agreed amount less than the amount of the debt outstanding at the time of the agreement (the
“(5) The Secretary must not make an agreement described in subsection (4) unless the Secretary is satisfied that:
(a) the debtor cannot repay more of the debt than the agreed amount; and
(b) the agreed amount is at least the present value of the unpaid amount repaid in instalments whose amount and timing is determined by the Secretary; and
(c) it would take at least a year to recover the unpaid amount under Part 5.3 if subsection (4) did not apply.
“(6) For the purposes of subsection (5), the
where:
Bill owed a debt of $35,000 to the Commonwealth. After repaying $5,000 (leaving an unpaid amount of $30,000), he offers to make an immediate payment of a further $20,000 in full satisfaction of the debt. The Secretary is satisfied that Bill cannot repay a larger amount of the debt than this. The Secretary believes that $1,500 of the debt would be recovered under Part 5.3 in a year, at which rate it would take 20 years to repay the debt. The Minister has specified an interest rate of 5% a year for the purpose of subsection (6).
The Secretary can accept Bill’s offer and make an agreement with him as described in subsection (4), because the $20,000 is more than the present value of $30,000 repaid over 20 years at a 5% interest rate (which is $18,693.33 = ($1,500÷0.05) × (1-(1÷(l + 0.05)
“(7) A notice described in the definition of
“1237AAC.(1) If:
(a) a debt arises from overpayments made to the debtor; and
(b) the debtor or the debtor’s partner does not claim family payment or family allowance for the period when the overpayments were made; and
(c) an amount of family payment or family allowance would have been payable for the period when the overpayments were made if the debtor or the debtor’s partner had lodged a claim;
the Secretary must waive the right to recover the debt to the extent set out in subsection (2).
“(2) The Secretary must waive under subsection (1) the right to recover the amount of debt equal to the amount of family payment or family allowance that would have been payable to the debtor or the debtor’s partner in the 3-year period ending on the day the overpayment is stopped if:
(a) the overpayments had not been made to the debtor; and
(b) the debtor or the debtor’s partner had lodged a claim for the payment.
“(3) For the purposes of subsection (2):
(a) an amount of family payment is the minimum standard family payment rate plus any guardian allowance that is payable plus any large family supplement that is payable; and
(b) an amount of family allowance does not include multiple birth allowance.
“(4) If:
(a) a debt arises from overpayments to the debtor; and
(b) the Secretary is satisfied that the overpayments did not result wholly or partly from the debtor or another person knowingly:
(i) making a false statement or false representation; or
(ii) failing or omitting to comply with a provision of this Act or the 1947 Act; and
(c) the debtor or the debtor’s partner did not claim parenting allowance for the period (the
overpayment period ) when the overpayments were made; and(d) an amount of parenting allowance would have been payable for that period if the debtor or the debtor’s partner had lodged a claim;
the Secretary must waive the right to recover the debt to the extent set out in subsection (5).
“(5) The Secretary must waive under subsection (4) the right to recover the amount of debt equal to the amount of parenting allowance that would have been payable to the debtor or the debtor’s partner during so much of the overpayment period as was not earlier than 3 years before the day on which the overpayment is stopped if:
(a) the overpayments had not been made to the debtor; and
(b) the debtor or the debtor’s partner had lodged a claim for the allowance.
“(6) For the purposes of working out the amount of parenting allowance that would have been payable to the debtor or the debtor’s partner, the rate of parenting allowance for the debtor or the debtor’s partner:
(a) if the Secretary is satisfied that the rate would have been greater than the maximum basic component if parenting allowance had been claimed—is taken to have been that greater rate; or
(b) in any other case—is taken not to have exceeded the maximum basic component of parenting allowance specified at the relevant time in point 1068A-B6.
“1237AAD. The Secretary may waive the right to recover all or part of a debt if the Secretary is satisfied that:
(a) the debt did not result wholly or partly from the debtor or another person knowingly:
(i) making a false statement or a false representation; or
(ii) failing or omitting to comply with a provision of this Act or the 1947 Act; and
(b) there are special circumstances (other than financial hardship alone) that make it desirable to waive; and
(c) it is more appropriate to waive than to write off the debt or part of the debt.
Note: Section 1236 allows the Secretary to write off a debt on behalf of the Commonwealth.”.
Insert:
“(3B) Despite subsection (3), an authorised review officer cannot review a decision of the Secretary on whether to exercise the Secretary’s power under section 1285A.”.
Add at the end:
“; or (m) relating to the Secretary’s power under section 1285A to settle proceedings before the AAT.”.
Insert in Division 1 of Part 6.4:
“1285A.(1) The Secretary may agree with other parties to proceedings before the AAT that relate to recovering a debt to settle the proceedings. The agreement must be in writing.
“(2) If the proceedings are settled and the Secretary gives the AAT a copy of the agreement to settle the proceedings, the application for review of the decision that was the subject of the proceedings is taken to have been dismissed.”.
______________
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO INCREASE RENT ASSISTANCE THRESHOLDS AND FAMILY PAYMENT RENT ASSISTANCE
Add at the end “
Add at the end:
“; and (d) one-off adjustments of certain amounts”.
Omit “all amounts” (second occurring), substitute “rent threshold amounts”.
Insert in Part 3.16:
"
“1206D. This Act has effect as if, on 20 March 1996, each indexed amount of pension rent threshold that is substituted under subsection 1192(1) for another amount on that day were in turn replaced with an amount equal to the indexed amount plus $130.00.
Note 1: For
Note 2: For
“1206E.(1) This section applies to the following kinds of rent threshold:
(a) benefit rent threshold;
(b) rent threshold SA (under 18);
(c) family payment rent threshold.
Note 1: For
Note 2: For
Note 3: For
“(2) This Act has effect as if, on 20 March 1996, each indexed amount of rent threshold that is substituted under subsection 1192(1) for another amount on that day were in turn replaced with an amount equal to the indexed amount plus $5.00.
Note: For
“1206F. This Act has effect as if, on 20 March 1996, each indexed amount of FP RA (rent assistance) that is substituted under subsection 1192(1) for another amount on that day were in turn replaced with an amount equal to the indexed amount plus $5.00.
Note 1: For
Note 2: For
“1206G. This Act has effect as if, on 20 March 1996 after indexation, the indexed amount in each of the following provisions were increased by $65.00:
(a) column 4 of items 5 and 6 of Table D in point 1064-D5 (maximum rate of rent assistance for pensioners with service pensioner partners who have rent increased pension and one or more dependent children);
(b) column 4 of items 6 and 7 of Table EA in point 1066A-EA12 (maximum rate of rent assistance for pensioners with service pensioner partners who have rent increased pension and one or more dependent children);
(c) column 4 of items 6 and 7 of Table EB in point 1066A-EB13 (maximum rate of rent assistance for pensioners with service pensioner partners who have rent increased pension and one or more dependent children).”.
––––––––––––
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO PRESERVED RENT ASSISTANCE ENTITLEMENTS
Insert:
“(3A) For the purposes of subclauses (1) and (3), the person’s
where:
(a) a social security benefit;
(b) a social security pension;
(c) family payment;
(d) non-benefit parenting allowance;
(e) child disability allowance;
(f) double orphan pension;
(g) mobility allowance;
(h) youth training allowance.”.
Omit “subclauses (1) and (3), the person’s
Omit the subclause, substitute:
“(5) Subclause (1) or (3) ceases to apply to a person’s pension, benefit or allowance rate when the amount of rent assistance that the person would be entitled to because of that subclause is less than, or equal to, the amount of rent assistance that the person is entitled to under this Act apart from this clause.”.
Omit “(2)”, substitute “(3)”.
Omit “property owner”, substitute “homeowner”.
Omit “subsection”, substitute “subclause”.
Add at the end:
“(4) If a person is entitled to rent assistance because of subclause (1) or (2), any amount that would (apart from this subclause) be payable to the person by way of rent assistance is to be reduced by the sum of the increases in the amount of the maximum fortnightly rate of any of the following payments to the person after 19 March 1996 (whether or not the type or amount of payment payable to the person varies after that day because the person’s circumstances change):
(a) a social security benefit;
(b) a social security pension;
(c) family payment;
(d) non-benefit parenting allowance;
(e) child disability allowance;
(f) double orphan pension;
(g) mobility allowance;
(h) youth training allowance.
“(5) Subclause (4) does not apply if the person is entitled to rent assistance because of subclause (1) or (2) and the amount payable by way of rent assistance is worked out under clause 63.
“(6) This clause ceases to apply (and cannot re-apply later) to a person if, as a result of the reduction required by subclause (4), no amount would be payable to the person by way of rent assistance.”.
Insert:
“(3A) Subject to subclauses (7), (8) and (9), if this clause applies to a person, the amount by way of rent assistance to be used to calculate the person’s pension, benefit or payment rate is the amount (the
where:
(a) a social security benefit;
(b) a social security pension;
(c) family payment;
(d) non-benefit parenting allowance;
(e) child disability allowance;
(f) double orphan pension;
(g) mobility allowance;
(h) youth training allowance.”.
Omit “Subject to subclauses (7), (8) and (9), if subclause (1) or (3) applies to a person, the amount by way of rent assistance to be used to calculate the person’s pension, benefit or payment rate”, substitute “For the purposes of subclause (3A), the
Omit “(the ‘
After “allowance” insert “or would not have ceased to apply to the person until then if the subsection had not been repealed”.
After “supplement” insert “or would have applied to the person at all those times if the subsection had not been repealed”.
After “applies” insert “or would apply if it had not been repealed”.
Omit “and the amount by way of rent assistance to be used to calculate the rate of the person’s partner’s pension under the
After “applies” insert “or would apply if it had not been repealed”.
Omit “or of the person’s partner’s pension under Part III of that Act”.
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 AND INCOME TAX ASSESSMENT ACT 1936 TO PROVIDE FOR RESIDENTIAL CARE ALLOWANCE
In the Index, insert the following entries in the appropriate alphabetical positions (determined on a letter-by-letter basis):
"excluded homeowner 13A(1)
in residential care 13A(5)
residential care charge 13A(2)
residential care charge paid or payable 13A(4)”.
Omit the paragraph.
Omit “hospital; or”, substitute “hospital.”.
Omit the paragraph.
Insert:
“13A.(1) In this Act, unless the contrary intention appears:
(a) is in residential care; and
(b) is not residing in a retirement village.
Note 1: For
Note 2: The transitional provisions in clause 28 of Schedule 1A provide that a person may not be an excluded homeowner even though the person resides in a retirement village.
“(2) Amounts payable for accommodation of a person in residential care are
(a) the amounts are payable every 3 months or more frequently; or
(b) the amounts are payable at regular intervals greater than 3 months and the Secretary is satisfied that the amounts should be treated as residential care charge for the purposes of this Act.
“(3) Despite subsection (2), the following amounts are not residential
care charge:
(a) amounts payable under a scheme established by a law of the Commonwealth, or of a State or Territory, to pay all or part of the costs of persons in residential care;
(b) amounts payable for residential care of the person in residential care as compensation for an injury suffered by that person.
Note: For
“(4) For the purposes of this Act, if:
(a) amounts are payable for accommodation and other services for a person who is in residential care; and
(b) it is not possible to work out the part of each of those amounts that is paid or payable for accommodation;
the amount of
Note: For
“(5) For the purposes of this Act, a person is
(a) is residing in premises that are:
(i) an approved nursing home for the purposes of the
National Health Act 1953 or theNursing Homes Assistance Act 1974 ; or(ii) an approved home for the purposes of the
Aged or Disabled Persons Care Act 1954 ; or
(iii) an approved hostel for the purposes of the
(iv) made available for the accommodation of the person by an approved organisation providing hostel care services or personal care services to the person for the purposes of Part III of the
Aged or Disabled Persons Care Act 1954 ; and(b) has resided, or in the Secretary’s opinion is likely to reside, in premises described in paragraph (a) for at least 14 consecutive days.”.
After “rent assistance” insert “or residential care allowance”.
7.
After “rent assistance” insert “or residential care allowance”.
After “rent assistance” insert “or residential care allowance”.
After “rent assistance” insert “or residential care allowance”.
After “rent assistance” insert “or residential care allowance”.
Omit “rent assistance”, substitute “any rent assistance or residential care allowance and any”.
Omit Step 3, substitute:
“
Step 3. Work out the amount per year (if any) for either rent assistance (using MODULE D) or residential care allowance (using Part 3.12B).”.
After “rent assistance” insert “or residential care allowance”.
Insert:
“(b) the person’s rate of payment does not include an amount of residential care allowance; and”.
Omit Step 3, substitute:
“
Step 3. Work out the amount per year (if any) for either rent assistance (using MODULE D) or residential care allowance (using Part 3.12B).”.
After “rent assistance” insert “or residential care allowance”.
Insert:
“(aa) the person’s rate of payment does not include an amount of residential care allowance; and”.
Omit Step 4, substitute:
"
Step 4. Work out the amount per year (if any) for either rent assistance (using MODULE EA if the person is under 18, or MODULE EB if the person is at least 18) or residential care allowance (using Part 3.12B).”.
After “rent assistance” insert “or residential care allowance”.
Add at the end:
“; and (i) the person’s rate of payment does not include an amount of residential care allowance.”.
Add at the end:
“; and (j) the person’s rate of payment does not include an amount of residential care allowance.”.
Omit Step 3, substitute:
“
Step 3. Work out any applicable amount (if any) for either rent assistance (using MODULE F) or residential care allowance (using Part 3.12B).”.
Insert:
“(ea) the person’s rate of payment does not include an amount of residential care allowance; and”.
Omit Step 3, substitute:
“
Step 3. Work out the applicable amount (if any) for either rent assistance (using MODULE D) or residential care allowance (using Part 3.12B).”.
Insert:
“(ca) the person’s rate of payment does not include an amount of residential care allowance; and”.
Omit Step 3, substitute:
“
Step 3. Work out the applicable amount (if any) for either rent assistance (using MODULE F) or residential care allowance (using Part 3.12B).”.
After “rent assistance” insert “or residential care allowance”.
Insert:
“(ca) the person’s rate of payment does not include an amount of residential care allowance; and”.
After “(see Module F below)” insert “or residential care allowance (see Part 3.12B)”.
After “rent assistance” insert “or residential care allowance”.
Insert:
“(da) the person’s rate of payment does not include an amount of residential care allowance; and”.
Omit Step 1, substitute:
“
(a) MODULE B (standard family payment rate);
(b) MODULE C (large family supplement);
(c) MODULE D (multiple birth allowance);
(d) MODULE F (guardian allowance).
Note: Module G may apply if 2 people who are not members of the same couple share the daily care and legal responsibility for a child.
Step 1A. Work out the amount (if any) of either rent assistance (using MODULE E) or residential care allowance (using Part 3.12B) and add the amount to the total from Step 1. The result is the person’sgross family payment rate .".
Insert:
“(ca) an amount of residential care allowance is not being added to the person’s rate of payment; and”.
After “rent assistance” insert “or residential care allowance”.
After “Part” insert “and residential care allowance is payable under Part 3.12B”.
After “rent” insert “or residential care charge”.
Insert:
“1157W.(1) An additional amount (
(a) the person is in residential care; and
(b) the periodic residential care charge for the person exceeds the amount (the
residential care charge threshold ) shown in column 3 of the relevant item of the Table in subsection 1157Y(2); and
(c) the person’s rate of payment does not include an amount of rent assistance; and
(d) the person is not an excluded homeowner; and
(e) one of the subsections of section 1157X applies to the person.
Note 1: For
Note 2: For
“(2) Inclusion of residential care allowance in family payment under subsection (1) is subject to point 1069-K3.
“1157X.(1) This subsection applies to a person if:
(a) the person’s rate of payment is worked out using Pension Rate Calculator A; and
(b) the person is in Australia; and
(c) either of the following subparagraphs applies:
(i) neither the person nor the person’s partner has a dependent child who is an FP child;
(ii) the person is a member of an illness separated couple, a respite care couple or a temporarily separated couple and is the partner of a person who is receiving family payment in respect of a dependent child who is an FP child.
Note 1: For
Note 2: For
“(2) This subsection applies to a person if:
(a) the person’s rate of payment is worked out using Pension Rate Calculator C; and
(b) the person is in Australia; and
(c) neither the person nor the person’s partner has a dependent child who is an FP child.
Note: For
“(3) This subsection applies to a person if:
(a) the person’s rate of payment is worked out using Pension Rate Calculator D; and
(b) the person is under 18; and
(c) the person is not permanently blind; and
(d) the person is:
(i) a member of a couple; or
(ii) in disability accommodation; or
(iii) a homeless person; or
(iv) an independent young person; or
(v) a person who is living away from the person’s parental home because of a medical condition of the person; and
(e) the person is in Australia; and
(f) neither the person nor the person’s partner has a dependent child who is an FP child.
Note 1: For
Note 2: For
Note 3: For
“(4) This subsection applies to a person if:
(a) the person’s rate of payment is worked out using Pension Rate Calculator D; and
(b) the person is at least 18; and
(c) the person is not permanently blind; and
(d) the person is:
(i) a member of a couple; or
(ii) living permanently or indefinitely away from the person’s parental home; or
(iii) in disability accommodation; and
(e) the person is in Australia; and
(f) neither the person nor the person’s partner has a dependent child who is an FP child.
Note 1: For
Note 2: For
“(5) This subsection applies to a person if:
(a) the person’s rate of payment is worked out using Benefit Rate Calculator A; and
(b) the person is:
(i) a member of a couple; or
(ii) a homeless person; or
(iii) an independent young person; and
(c) the person will be in Australia throughout the period for which the payment is to be made; and
(d) neither the person nor the person’s partner has a dependent child who is an FP child.
Note 1: For
Note 2: For
“(6) This subsection applies to a person if:
(a) the person’s rate of payment is worked out using the Sickness Allowance Rate Calculator; and
(b) the person will be in Australia throughout the period for which the payment is to be made; and
(c) neither the person nor the person’s partner has a dependent child who is an FP child.
Note: For
“(7) This subsection applies to a person if:
(a) the person’s rate of payment is worked out using Benefit Rate Calculator B; and
(b) the person will be in Australia throughout the period for which the payment is to be made; and
(c) neither the person nor the person’s partner has a dependent child who is an FP child.
Note: For
“(8) This subsection applies to a person if:
(a) the person is receiving parenting allowance; and
(b) the person will be in Australia throughout the period for which the payment of parenting allowance is to be made; and
(c) neither the person nor the person’s partner has a dependent child who is an FP child.
Note: For
“(9) This subsection applies to a person if the person is receiving family payment and neither the person nor the person’s partner is receiving payments of incentive allowance.
“1157Y.(1) The amount of residential care allowance for a person is worked out using the following formula, up to the maximum amount applicable to the person shown in column 4 of the Table in subsection (2):
Note 1: The maximum amount of residential care allowance, and the residential care charge threshold, for a person are set out in the Table in subsection 1157Y(2).
Note 2: For
“(2) The following Table sets out amounts of residential care charge threshold and maximum amounts of residential care allowance:
RESIDENTIAL CARE CHARGE THRESHOLD AND MAXIMUM RESIDENTIAL CARE ALLOWANCE TABLE
column 1 | column 2 | column 3 | column 4 |
item | description of person | residential care charge threshold | maximum amount of residential care allowance |
1. | Person’s rate of payment is worked out using Pension Rate Calculator A | $1,627.60 | $1,825.20 |
2. | Person’s rate of payment is worked out using Pension Rate Calculator C | $1,627.60 | $1,825.20 |
3. | Person’s rate of payment is worked out using Pension Rate Calculator D and person is under 18 | $1,627.60 | $1,825.20 |
4. | Person’s rate of payment is worked out using Pension Rate Calculator D and person is at least 18 | $1,627.60 | $1,825.20 |
5. | Person’s rate of payment is worked out using Benefit Rate Calculator A | $62.60 | $70.20 |
6. | Person’s rate of payment is worked out using the Sickness Allowance Rate Calculator | $62.60 | $70.20 |
7. | Person’s rate of payment is worked out using Benefit Rate Calculator B | $62.60 | $70.20 |
8. | Person’s rate of payment is worked out using the Parenting Allowance Rate Calculator | $62.60 | $70.20 |
9. | Person’s rate of payment is worked out using the Family Payment ate Calculator and person has 1 or 2 FP children | $83.40 | $77.00 |
10. | Person's rate of payment is worked out using the Family Payment Rate Calculator and person has 3 or more FP children | $83.40 | $88.00 |
Note: Amounts in columns 3 and 4 of the Table in subsection 1157Y(2) are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
“(3) The
(a) if the person’s rate of payment is worked out using Pension Rate Calculator A, C or D—the annual residential care charge paid or payable for the person; or
(b) if the person’s rate of payment is worked out using Benefit Rate Calculator A or B, the Sickness Allowance Rate Calculator, the Parenting Allowance Rate Calculator or the Family Payment Rate Calculator—the fortnightly residential care charge paid or payable for the person.
Note: Subsection 13A(4) specifies how the amount of residential care charge paid or payable in certain cases is to be worked out.
“(4) If the Secretary makes a written determination specifying for the purposes of a particular entry in the Table in subsection (2) an amount greater than the amount shown in the entry, that entry has effect from the commencement of this Part as if the greater amount were substituted for the amount shown in the entry. The Secretary must not determine for an entry an amount greater than the amount of rent assistance threshold or maximum amount of rent assistance (as the case requires) corresponding to the situation described for the entry.
“(5) A determination is a disallowable instrument.
“(6) On and after 1 January 1997, subsection (2) has effect as if, immediately after indexation on 20 March 1996:
(a) each of the amounts of residential care charge threshold shown in column 3 of items 1,2,3 and 4 of the Table in subsection (2) had been increased by $130.00; and
(b) each of the amounts of residential care charge threshold shown in column 3 of items 5, 6, 7, 8,9 and 10 of the Table in subsection (2) had been increased by $5.00; and
(c) each of the amounts of maximum amount of residential care allowance shown in column 4 of items 8, 9 and 10 of the Table in subsection (2) had been increased by $5.00.”.
After item 19A insert:
“
19B. | Maximum residential care allowance for social security pension | pension MRCA | [column 4 of items 1,2, 3 and 4 of the Table in subsection 1157Y(2)] |
19C. | Residential care charge threshold rate for social security pension | pension residential care charge threshold | [column 3 of items 1,2,3 and 4 of the Table in subsection 1157Y(2)] |
19D. | Maximum residential care allowance for social security benefit (other than sickness allowance payable to a person referred to in subsection 709(3)) or for parenting allowance | benefit MRCA | [column 4 of items 5, 7 and 8 of the Table in subsection 1157Y(2)] |
19E. | Maximum residential care allowance for sickness allowance payable to a person referred to in subsection 709(3) | MRCA SA (under 18) | [column 4 of item 6 of the Table in subsection 1157Y(2)] |
19F. | Residential care charge threshold for social security benefit (other than sickness allowance payable to a person referred to in subsection 709(3)) or for parenting allowance | benefit residential care charge threshold | [column 3 of items 5, 7 and 8 of the Table in subsection 1157Y(2)] |
19G. | Residential care charge threshold for sickness allowance payable to a person referred to in subsection 709(3) | residential care charge threshold SA (under 18) | [column 3 of item 6 of the Table in subsection 1157Y(2)] |
19H. | Maximum residential care allowance for family payment | FP MRCA | [column 4 of items 9 and 10 of the Table in subsection 1157Y(2)] |
191. | Residential care charge threshold for family payment | FP residential care charge threshold | [column 3 of items 9 and 10 of the Table in subsection 1157Y(2)] |
“.
After item 13A insert:
“
13B. | pension MRCA | (a) 20 March | (a) December | highest June or December quarter before reference | $5.20 |
(b) 20 September | (b) June | quarter (but not earlier than June quarter 1979) |
13C. | pension residential care charge threshold | (a) 20 March | (a) December | highest June or December quarter before reference | $5.20 |
(b) 20 September | (b)June | quarter (but not earlier than June quarter 1979) | |||
13D. | benefit MRCA | (a) 20 March | (a) December | highest June or December quarter before reference | $0.20 |
(b) 20 September | (b) June | quarter (but not earlier than June quarter 1979) | |||
13E. | MRCA SA (under 18) | (a) 20 March | (a) December | highest June or December quarter before reference | $0.20 |
(b) 20 September | (b)June | quarter (but not earlier than June quarter 1979) | |||
13F. | Benefit residential care charge threshold | (a) 20 March | (a) December | highest June or December quarter before reference | $0.20 |
(b) 20 September | (b)June | quarter (but not earlier than June quarter 1979) | |||
13G. | residential care charge threshold SA (under 18) | (a) 20 March | (a) December | highest June or December quarter before reference | $0.20 |
(b) 20 September | (b) June | quarter (but not earlier than June quarter 1979) | |||
13H. | FP MRCA | (a) 20 March | (a) December | highest June or December quarter before reference | $0.20 |
(b) 20 September | (b)June | quarter (but not earlier than June quarter 1979) | |||
131. | FP residential care charge threshold | (a) 20 March | (a) December | highest June or December quarter before reference | $0.20 |
(b) 20 September | (b) June | quarter (but not earlier than June quarter 1979) | |||
Omit “or the rent assistance Module of a Rate Calculator”, substitute the rent assistance Module of a Rate Calculator or Part 3.12B (which deals with residential care allowance)”.
Omit “or the rent assistance Module”, substitute “, the rent assistance Module or Part 3.12B (residential care allowance)”.
After “Module” insert “or Part 3.12B (residential care allowance)”.
After “rent assistance” insert “or residential care allowance”.
After “ineligible homeowner” insert “or excluded homeowner”.
Note: The heading to clause 28 of Schedule 1A is altered by inserting "
and residential care allowance " after “assistance ”.
After “rent assistance” (wherever occurring) insert “or residential care allowance”.
Omit the subclause, substitute:
“(5) Subclause (4) does not apply if the person is entitled to rent assistance or residential care allowance because of subclause (1) or (2) and either:
(a) the amount of rent assistance payable is worked out under clause 63; or
(b) the amount of residential care allowance payable is worked out under clause 63A.".
After "rent assistance” insert “or residential care allowance”.
After “rent assistance" insert "or residential care allowance”.
Insert:
“63A.(1) If clause 63 applies to a person immediately before the person starts to receive residential care allowance, the first amount of residential care allowance payable to the person is to equal the amount of rent assistance that would have been payable to the person under that clause when the person starts to receive residential care allowance had rent assistance continued to be payable to the person then.
“(2) Each later amount of residential care allowance payable to the person is to be worked out using the formula:
where:
(a) a social security benefit;
(b) a social security pension;
(c) family payment;
(d) non-benefit parenting allowance;
(e) child disability allowance;
(f) double orphan pension;
(g) mobility allowance;
(h) youth training allowance.
“(3) This clause does not apply (and cannot apply later) to a person when the amount of residential care allowance payable to the person under subclause (1) would be less than or equal to the amount of residential care allowance that would otherwise be payable to the person.
(a) the woman has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the pension to the woman;
the pension ceases to be payable to the woman.
“(9) If the woman nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the widow B pension again becomes payable to the woman and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
“(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the allowance to the person;
the allowance ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the widow allowance again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
“(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the supplement to the person;
the supplement ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the disability wage supplement again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
“(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the allowance to the person;
the allowance ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the job search allowance again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
"(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the allowance to the person;
the allowance ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the newstart allowance again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
“(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the allowance to the person;
the allowance ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the mature age allowance or mature age partner allowance again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
“(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the allowance to the person;
the allowance ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the sickness allowance again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
“(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the benefit to the person;
the benefit ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the special benefit again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
“(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the allowance to the person;
the allowance ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the partner allowance again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
“(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the pension to the person;
the pension ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the special needs pension again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
“(8) If, at the end of the period (the
(a) the recipient has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the family payment to the recipient;
the family payment ceases to be payable to the recipient.
“(9) If the recipient nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the family payment again becomes payable to the recipient and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
"(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the allowance lo the person;
the allowance ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the parenting allowance again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
“(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the allowance to the person;
the allowance ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the child disability allowance again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
“(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the pension to the person;
the pension ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the double orphan pension again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
“(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the allowance to the person;
the allowance ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the mobility allowance again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
Omit.
Add at the end:
“(8) If, at the end of the period (the
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given a direction under subsection (6) in relation to payments of the allowance to the person;
the allowance ceases to be payable to the person.
“(9) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, the telephone allowance again becomes payable to the person and is so payable:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.”.
____________
SCHEDULE 20 Section 3
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING
TO MAINTENANCE
After “maintenance” insert “or to claim or apply for maintenance”.
After “maintenance” insert “or to claim or apply for maintenance”.
______________
SCHEDULE 21 Section 3
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO PROTECTION OF SOCIAL SECURITY PAYMENTS
Repeal, substitute:
“566.(1) Subject to subsection (3), instalments of a person’s job search allowance, and an advance of a person’s job search allowance, are to be paid to the person.
“(2) The Secretary may direct that the whole or part of the instalments of a person’s job search allowance, or of an advance of a person’s job search allowance, is to be paid to someone else on behalf of the person.
“(3) If the Secretary gives a direction under subsection (2), the instalments or advance is to be paid in accordance with the direction.”.
After “job search allowance” insert “or an advance payment of job search allowance”.
After “the instalments of job search allowance” insert “or from an advance payment of job search allowance”.
Omit, substitute:
“(b) either or both of the following apply:
(i) instalments of job search allowance payable to the person (whether on the person’s own behalf or not) are being paid to the credit of the account;
(ii) an advance payment of job search allowance payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account; and”.
Omit from Step 1 in the Method statement “total amount of job search allowance payable to the person”, substitute “total amount payable to the person in respect of job search allowance or advance payment of job search allowance”.
Omit, substitute:
“Note: A person affected by a garnishee order may have other saved amounts.”.
Repeal, substitute:
“649.(1) Subject to subsection (3), instalments of a person’s newstart allowance, and an advance of a person’s newstart allowance, are to be paid to the person.
“(2) The Secretary may direct that the whole or part of the instalments of a person’s newstart allowance, or of an advance of a person’s newstart allowance, is to be paid to someone else on behalf of the person.
“(3) If the Secretary gives a direction under subsection (2), the instalments or advance is to be paid in accordance with the direction.”.
After “newstart allowance” insert “or an advance payment of newstart allowance”.
After “the instalments of newstart allowance” insert “or from an advance payment of newstart allowance”.
Omit, substitute:
“(b) either or both of the following apply:
(i) instalments of newstart allowance payable to the person (whether on the person’s own behalf or not) are being paid to the credit of the account;
(ii) an advance payment of newstart allowance payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account; and”.
Omit from Step 1 in the Method statement “total amount of newstart allowance payable to the person”, substitute “total amount payable to the person in respect of newstart allowance or advance payment of newstart allowance”.
Omit the Note, substitute:
“Note: A person affected by a garnishee order may have other saved amounts.”.
Insert in Part 2.13:
“665AB.(1) Subject to subsections (2) and (3) and section 1359, an employment entry payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
“(2) The Secretary may make a deduction from an employment entry payment payable to a person if the person asks the Secretary:
(a) to make the deduction; and
(b) to pay the amount to be deducted to the Commissioner of Taxation.
Note: The Secretary must make a deduction from a person’s employment entry payment if requested by the Commissioner of Taxation (see section 1359).
“(3) The Secretary may make a deduction from a person’s employment entry payment if the person consents under section 1234A to the Secretary making that deduction.
Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.
“665AC.(1) If:
(a) a person has an account with a financial institution; and
(b) a court order in the nature of a garnishee order comes into force in respect of the account; and
(c) an employment entry payment payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account during the 4-week period immediately before the court order came into force;
the court order does not apply to the saved amount (if any) in the account.
“(2) The saved amount is worked out as follows:
|
“(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
Note: A person affected by a garnishee order may have other saved amounts.”.
Insert:
“
“665ZY.(1) Subject to subsections (2) and (3) and section 1359, an education entry payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
“(2) The Secretary may make a deduction from an education entry payment payable to a person if the person asks the Secretary:
(a) to make the deduction; and
(b) to pay the amount to be deducted to the Commissioner of Taxation.
Note: The Secretary must make a deduction from a person’s education entry payment if requested by the Commissioner of Taxation (see section 1359).
“(3) The Secretary may make a deduction from a person’s education entry payment if the person consents under section 1234A to the Secretary making that deduction.
Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.
“665ZZ.(1) If:
(a) a person has an account with a financial institution; and
(b) a court order in the nature of a garnishee order comes into force in respect of the account; and
(c) an education entry payment payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account during the 4-week period immediately before the court order came into force;
the court order does not apply to the saved amount (if any) in the account.
“(2) The saved amount is worked out as follows:
|
“(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
Note: A person affected by a garnishee order may have other saved amounts.”.
After “family payment” insert “or a family payment advance”.
After “family payment” insert “or from a family payment advance”.
Omit, substitute:
“(b) either or both of the following apply:
(i) instalments of family payment payable to the recipient (whether on the recipient’s own behalf or not) are being paid to the credit of the account;
(ii) a family payment advance payable to the recipient (whether on the recipient’s own behalf or not) has been paid to the credit of the account; and”.
Omit from Step 1 in the Method statement “total amount of family payment payable to the recipient”, substitute “total amount payable to the recipient in respect of family payment or family payment advance”.
After “mobility allowance” insert “or an advance payment of mobility allowance”.
After “the instalments of mobility allowance” insert “or from an advance payment of mobility allowance”.
Omit, substitute:
“(b) either or both of the following apply:
(i) instalments of mobility allowance payable to the person (whether on the person’s own behalf or not) are being paid to the credit of the account;
(ii) an advance payment of mobility allowance payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account; and”.
Omit from Step 1 in the Method statement “total amount of mobility allowance payable to the person”, substitute “total amount payable to the person in respect of mobility allowance or advance payment of mobility allowance”.
Add at the end:
“Note: A person affected by a garnishee order may have other saved amounts.”.
Insert:
“
“1061 JE.(l) Subject to subsections (2) and (3) and section 1359, an advance pharmaceutical allowance is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
“(2) The Secretary may make a deduction from an advance pharmaceutical allowance payable to a person if the person asks the Secretary:
(a) to make the deduction; and
(b) to pay the amount to be deducted to the Commissioner of Taxation.
Note: The Secretary must make a deduction from a person’s advance pharmaceutical allowance if requested by the Commissioner of Taxation (see section 1359).
“(3) The Secretary may make a deduction from a person’s advance pharmaceutical allowance if the person consents under section 1234A to the Secretary making that deduction.
Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.
“1061JF.(1) If:
(a) a person has an account with a financial institution; and
(b) a court order in the nature of a garnishee order comes into force in respect of the account; and
(c) an advance pharmaceutical allowance payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account during the 4-week period immediately before the court order came into force;
the court order does not apply to the saved amount (if any) in the account.
“(2) The saved amount is worked out as follows:
|
“(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
Note: A person affected by a garnishee order may have other saved amounts.”.
Insert:
“1061NB.(1) Subject to subsections (2) and (3) and section 1359, a disaster relief payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
“(2) The Secretary may make a deduction from a disaster relief payment payable to a person if the person asks the Secretary:
(a) to make the deduction; and
(b) to pay the amount to be deducted to the Commissioner of Taxation.
Note: The Secretary must make a deduction from a person’s disaster relief payment if requested by the Commissioner of Taxation (see section 1359).
“(3) The Secretary may make a deduction from a person’s disaster relief payment if the person consents under section 1234A to the Secretary making that deduction.
Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.
“1061NC.(1) If:
(a) a person has an account with a financial institution; and
(b) a court order in the nature of a garnishee order comes into force in respect of the account; and
(c) a disaster relief payment payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account during the 4-week period immediately before the court order came into force;
the court order does not apply to the saved amount (if any) in the account.
“(2) The saved amount is worked out as follows:
|
“(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
Note: A person affected by a garnishee order may have other saved amounts.”.
After “instalments of” insert “, or make a deduction from,”.
_______________
SCHEDULE 22 Section 3
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO LABOUR MARKET PROGRAMS
Omit “Force”, substitute “Market”.
Note: The heading to subsection 5(6) is altered by omitting "
Omit “the Labour Force Programs”, substitute “Labour Market Programs”.
Omit, substitute:
“(s) in the case of a person who is receiving a social security pension, a social security benefit, a youth training allowance or a service pension and is in part-time training, or engaged in part-time work experience, under a program included in the programs known as Labour Market Programs—a payment received by the person under that program in respect of the person’s expenses associated with his or her participation in the training or work experience;”.
Omit “Force”, substitute “Market”.
Omit “the Labour Force Programs”, substitute “Labour Market Programs”.
Omit “Force”, substitute “Market”.
Omit “Force”, substitute “Market”.
Omit, substitute:
“(B) payments under a program included in the programs known as Labour Force Programs or Labour Market Programs; and”.
Note: The heading to clause 23 of Schedule 1A is altered by omitting “
and Labour Force Program ” and substituting “,Labour Force Program and Labour Market Program ”.
Omit, substitute:
“(B) payments under a program included in the programs known as Labour Force Programs or Labour Market Programs; and”.
Omit, substitute:
“(B) payments under a program included in the programs known as Labour Force Programs or Labour Market Programs; and”.
Omit, substitute:
“(B) payments under a program included in the programs known as Labour Force Programs or Labour Market Programs; and”.
_____________
SCHEDULE 23 Section 3
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO CROSS-REFERENCES IN PENALTY PROVISIONS TO THE CRIMES ACT 1914
Omit the Note to each of the following provisions, substitute:
"Note. Subsection 4B(2) of the
Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to. a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.”:
subsection 68(5)
subsection 69(5)
subsection 132(5)
subsection 133(5)
subsection 172(5)
subsection 173(5)
subsection 222(5)
subsection 223(5)
subsection 284(5)
subsection 285(5)
subsection 341(5)
subsection 342(5)
subsection 389(5)
subsection 390(5)
subsection 408JB(8)
subsection 408JC(6)
subsection 446(8)
subsection 447(6)
subsection 574(5)
subsection 575(5)
subsection 657(5)
subsection 658(5)
subsection 660XIC(7)
subsection 660XID(6)
subsection 727(5)
subsection 728(5)
subsection 759(5)
subsection 760(5)
subsection 771MC(8)
subsection 771
subsection 808(5)
subsection 809(5)
subsection 872(6)
subsection 873(5)
subsection 943(7)
subsection 944(6)
subsection 978(5)
subsection 979(5)
subsection 1023(5)
subsection 1024(5)
subsection 1054(5)
subsection 1055(5)
subsection 1061Y(6)
subsection 1061Z(5)
subsection 1061ZK(5)
subsection 1061ZL(5)
subsection 1272(2)
section 1350.
Omit the Note to each of the following provisions, substitute:
"Note 1: Subsection 4B(2) of the
Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.Note 2: If a body corporate is convicted of the offence, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose a maximum fine of an amount that is 5 times the maximum fine that could be imposed on an individual convicted of the same offence.":
section 1173
subsection 1176(1)
section 1178
subsection 1182(1)
subsection 1304(7)
subsection 1305(5)
subsection 1306(5)
subsection 1307(10).
Omit Note 1 to each of the following provisions, substitute:
"Note 1: Subsection 4B(2) of the
Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.Note 1A: If a body corporate is convicted of the offence, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose a maximum fine of an amount that is 5 times the maximum fine that could be imposed on an individual convicted of the same offence.’’:
subsection 1233(3)
subsection 1311(2)
section 1312A
section 1312B
section 1316
subsection 1316A(1)
subsection 1318(2).
_____________
SCHEDULE 24 Section 3
OTHER AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
Omit:
“benevolent home 23(1)”.
Omit paragraph (d).
Omit “a benevolent home or in”.
Omit the Note at the end of the subsection.
Omit.
Repeal.
Omit.
Repeal.
Repeal.
Repeal.
Repeal.
Repeal.
Omit “and (6)”, substitute “, (6) and (7)”.
Add at the end:
“(7) If the Secretary is satisfied that the application of subsection (1) to a person will cause undue long term disadvantage or significant hardship to the person, the Secretary may:
(a) waive the application of that subsection to the person; and
(b) authorise the payment of sickness allowance to the person.”.
Omit.
______________
SCHEDULE 25 Section 3
AMENDMENTS OF THE FARM HOUSEHOLD SUPPORT ACT 1992
Add at the end of each of the following provisions:
“Note: Subsection 4B(2) of the
Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.”:
subsections 41(5) and (6)
subsections 42(5) and (6)
subsection 50A(1).
Add at the end of each of the following provisions:
“Note 1: Subsection 4B(2) of the
Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.Note 2: If a body corporate is convicted of the offence, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose a maximum fine of an amount that is 5 times the maximum fine that could be imposed on an individual convicted of the same offence.”:
subsection 54(7)
subsection 54(8).
[
House of Representatives on 25 October 1995 Senate on 27 November 1995
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