Social Security Legislation Amendment (Parenting and Other Measures) Act 1997 (Cth)
This compilation was prepared on 26 March 2010
[Schedule 5 (item 12) repealed Part 2 of Schedule 4
Schedule 5 (item 12) commenced on 15 July 1998]
[Schedule 3 (items 7 and 8) amended item 322 of Schedule 1
Schedule 3 (items 7 and 8) commenced immediately after 20 March 1998]
[Schedule 2 (item 21) repealed item 221 of Schedule 1
Schedule 2 (item 21) commenced on 1 March 2010]
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
[
The Parliament of Australia enacts:
This Act may be cited as the
Social Security Legislation Amendment (Parenting and Other Measures) Act 1997 .
(1) Subject to subsections (2) to (8), this Act commences on the day on which it receives the Royal Assent.
(2) Part 3 of Schedule 1 commences on 1 July 1998. The remaining items of Schedule 1 commence on 20 March 1998.
(3) Schedule 2 commences on 1 July 1998.
(4) Schedule 3 commences on 1 April 1998.
(5) Part 1 of Schedule 4 commences:
(a) if an Act to be cited as the
Social Security Legislation Amendment (Youth Allowance) Act 1997 or theSocial Security Legislation Amendment (Youth Allowance) Act 1998 commences on 1 July 1998—immediately after that Act commences; or(b) if an Act to be cited as the
Social Security Legislation Amendment (Youth Allowance) Act 1997 or theSocial Security Legislation Amendment (Youth Allowance) Act 1998 does not commence on 1 July 1998—on 1 July 1998.(6) Parts 2 and 4 of Schedule 4 commence on 1 July 1999.
(7) Part 3 of Schedule 4 and Schedule 5 commence on 1 July 1998.
(8) Item 3 of Schedule 6 commences only if subparagraphs (c)(xxivd) and (xxive) of the definition of
personal assistance in subsection 3(1) of theData‑matching Program (Assistance and Tax) Act 1990 , as in force on 25 August 1997, have not already been repealed by another Act.
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Repeal:
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Insert the following entries in their appropriate position, determined on a letter‑by‑letter basis:
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Omit “sole parent pension”, substitute “parenting payment”.
4
Subsection 5(1) (definition of maintained child ) Repeal the definition.
Insert:
(8A) For the purposes of Part 2.10, a young person who is an inmate of a mental hospital is a
dependent child of a member of a couple if there is in force under subsection 37(3) a determination in respect of the young person and the member of the couple.
Omit “Parts 2.17 and 2.18”, substitute “Part 2.17”.
Repeal the subsections.
Repeal the paragraph.
Omit “parenting allowance”, substitute “PP (partnered)”.
Omit “family payment, a non‑benefit parenting allowance”, substitute “a pension PP (single), family payment, a non‑benefit PP (partnered)”.
11
Subsection 8(1) (definition of ordinary income (note 4)) Omit “1068A‑D4”, substitute “1068B‑D3”.
Omit “1068A‑D6”, substitute “1068B‑D5”.
Omit “parenting allowance”, substitute “non‑benefit PP (partnered)”.
14
Subsection 9(1) (paragraph (c) of the definition of assessable period ) Repeal the paragraph, substitute:
(c) a non‑benefit PP (partnered); or
(d) a non‑benefit parenting allowance.
15
Subsection 9(1) (definition of assessable period ) Omit “or allowance”, substitute “, allowance or payment”.
16
Subsection 9(1) (definition of determination of entitlement ) Omit “pension, benefit or allowance” (wherever occurring), substitute “social security payment”.
Omit all the words from and including “parenting allowance”, substitute “non‑benefit PP (partnered) and a non‑benefit parenting allowance”.
Repeal the paragraph.
Add:
; or (d) a non‑benefit PP (partnered); or
(e) a non‑benefit parenting allowance.
After “social security pension”, insert “(other than a pension PP (single))”.
Repeal the paragraph, substitute:
(ba) PP (Partnered) Rate Calculator (points 1068B‑B4 and 1068B‑B5); and
Add:
; (c) a pension PP (single).
23
Subsection 17(1) (paragraph (b) of the definition of compensation affected payment ) Repeal the paragraph, substitute:
(b) a parenting payment; or
24
Subsection 17(1) (paragraph (da) of the definition of compensation affected payment ) Repeal the paragraph.
25
Subsection 17(1) (at the end of the definition of former payment type ) Add:
; or (p) a sole parent pension under this Act as previously in force; or
(q) a parenting allowance under this Act as previously in force.
Omit “1066‑E3, 1066A‑F2A and 1068‑G8A”, substitute “1066A‑F2A, 1068A‑E13 and 1068B‑D21”.
Omit “parenting allowance”, substitute “PP (partnered)”.
Repeal the paragraph, substitute:
(c) where the payment is a payment of PP (partnered)—a person receiving a payment during the period; or
Insert:
In this Act, unless the contrary intention appears:
benefit PP (partnered) means parenting payment that, under Module B of the PP (Partnered) Rate Calculator in section 1068B, is a benefit PP (partnered).
maximum basic component of parenting payment has the meaning given in point 1068B‑B6 of the PP (Partnered) Rate Calculator in section 1068B.
non‑benefit PP (partnered) means parenting payment that, under Module B of the PP (Partnered) Rate Calculator in section 1068B, is a non‑benefit PP (partnered).
parenting payment means:
(a) pension PP (single); or
(b) PP (partnered).
parenting payment payday means:
(a) a pension PP (single) payday; or
(b) a PP (partnered) payday.
pension PP (single) means parenting payment whose rate is worked out under the Pension PP (Single) Rate Calculator in section 1068A.
pension PP (single) payday means:
(a) the Thursday that falls on 2 April 1998; and
(b) each succeeding alternate Thursday.
PP (partnered) means:
(a) benefit PP (partnered); or
(b) non‑benefit PP (partnered).
PP (partnered) payday means:
(a) the Thursday that falls on 26 March 1998; and
(b) each succeeding alternate Thursday.
Omit “parenting allowance”, substitute “PP (partnered)”.
Repeal the subsection, substitute:
(7) If the instalment is an instalment of PP (partnered), the amount of PP (partnered) paid is the fortnightly amount of pharmaceutical allowance added to the person’s provisional payment rate of PP (partnered) in working out the amount of the instalment.
Note: For the provisional payment rate of PP (partnered) see Step 7 of point 1068B‑A3 of the PP (Partnered) Rate Calculator in section 1068B.
32
Subsection 21(1) (definition of partner bereavement payment ) Omit “304”, substitute “514B”.
33
Subsection 21(1) (definition of partner bereavement payment ) Omit “, 951ZB”.
34
Subsection 23(1) (after paragraph (d) of the definition of assurance of support debt ) Insert:
(da) parenting payment under Part 2.10 of this Act; or
35
Subsection 23(1) (paragraph (fb) of the definition of assurance of support debt ) Omit “under Part 2.18 of this Act”.
36
Subsection 23(1) (definition of benefit parenting allowance ) Repeal the definition, substitute:
benefit parenting allowance means benefit parenting allowance under this Act as previously in force.
37
Subsection 23(1) (definition of compensation arrears debt ) Omit “300,”.
38
Subsection 23(1) (definition of compensation arrears debt ) After “408PB,”, insert “511A”.
39
Subsection 23(1) (definition of compensation arrears debt ) Omit “, 821 or 951U”, substitute “or 821”.
40
Subsection 23(1) (definition of income maintenance period ) Repeal the definition, substitute:
income maintenance period has the meaning given in points 1067‑H5G and 1067‑H5H, 1067E‑G6G and 1067E‑G6H, 1068‑G7AG and 1068‑G7AH, 1068A‑E3 and 1068A‑E4 and 1068B‑D9 and 1068B‑D10.
41
Subsection 23(1) (definition of maximum basic component of parenting allowance ) Repeal the definition.
42
Subsection 23(1) (paragraph (i) of the definition of newly arrived resident’s waiting period ) Repeal the paragraph.
43
Subsection 23(1) (definition of non‑benefit parenting allowance ) Repeal the definition, substitute:
non‑benefit parenting allowance means non‑benefit parenting allowance under this Act as previously in force.
Insert:
parenting allowance means parenting allowance under this Act as previously in force.
45
Subsection 23(1) (definition of parenting allowance payday ) Repeal the definition.
46
Subsection 23(1) (paragraph (a) of the definition of payday ) After “social security pension”, insert “(other than a pension PP (single))”.
47
Subsection 23(1) (paragraph (b) of the definition of payday ) Omit “parenting allowance”, substitute “PP (partnered)”.
48
Subsection 23(1) (paragraph (ba) of the definition of payday ) Repeal the paragraph, substitute:
(ba) if the person is receiving a parenting payment—a parenting payment payday; and
49
Subsection 23(1) (paragraph (e) of the definition of recipient notification notice ) Repeal the paragraph.
50
Subsection 23(1) (definition of recipient notification notice ) Insert:
(gc) section 506D (parenting payment); or
51
Subsection 23(1) (paragraph (n) of the definition of recipient notification notice ) Repeal the paragraph.
52
Subsection 23(1) (paragraph (e) of the definition of recipient statement notice ) Repeal the paragraph.
53
Subsection 23(1) (definition of recipient statement notice) Insert:
(gc) section 506E (parenting payment); or
54
Subsection 23(1) (paragraph (n) of the definition of recipient statement notice ) Repeal the paragraph.
55
Subsection 23(1) (paragraph (f) of the definition of social security benefit ) Repeal the paragraph, substitute:
(f) benefit PP (partnered); or
(g) parenting allowance (other than non‑benefit allowance).
56
Subsection 23(1) (paragraph (e) of the definition of social security entitlement ) Repeal the paragraph, substitute;
(e) a pension PP (single); or
57
Subsection 23(1) (paragraph (e) of the definition of social security pension ) Repeal the paragraph, substitute:
(e) a pension PP (single); or
(ea) a sole parent pension; or
Insert:
sole parent pension means sole parent pension under this Act as previously in force.
59
Subsection 23(1) (paragraph (l) of the definition of waiting period ) Repeal the paragraph.
Omit “parenting allowance”, substitute “benefit PP (partnered)”.
Omit all the words from and including “parenting allowance”, substitute “PP (partnered) until the last day on which the payment is payable to the person even if the last instalment of the PP (partnered) is paid before that day.”.
Omit “, Part 2.14 (sickness allowance) or Part 2.18 (parenting allowance)”, substitute “or Part 2.14 (sickness allowance)”.
Omit “Part 2.18 (parenting allowance)”.
Add:
(3) A young person is taken to be a
dependent child of a member of a couple (theadult ) for the purposes of Part 2.10 (parenting payment) if:
(a) the young person is an inmate of a mental hospital; and
(b) the mental hospital is either:
(i) maintained by the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or
(ii) mainly dependent upon financial assistance from the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; and
(c) the adult is making a reasonable contribution towards the expenses of maintaining the young person; and
(d) the Secretary determines that the young person is to be taken to be a dependent child of the adult.
Omit “parenting allowance”, substitute “parenting payment”.
Renumber as Note 1.
Add:
Note 2: The general rule in subsection (2) is subject to exceptions if a person is transferring between pension PP (single) and PP (partnered). See section 504E in Part 2.10.
Omit “parenting allowance”, substitute “parenting payment”.
Omit “parenting allowance”, substitute “parenting payment”.
Omit “sole parent pension”, substitute “parenting payment”.
Omit “parenting allowance”, substitute “parenting payment”.
Repeal the subparagraph.
Omit “parenting allowance”, substitute “parenting payment”.
Omit all the words after “automatically transferred”, substitute “to a parenting payment after the end of the bereavement period without making a claim for that payment (see subsection 501(3)).
Omit “parenting allowance”, substitute “parenting payment”.
Repeal the subparagraph.
Omit “, wife or sole parent pension”, substitute “or wife pension”.
Omit all the words after “automatically transferred”, substitute “to a parenting payment after the end of the bereavement period without making a claim for that payment (see subsection 501(4)).
Repeal the Part.
Omit “sole parent pension”, substitute “parenting payment”.
Omit “parenting allowance”, substitute “parenting payment”.
Omit “a sole parent pension”, substitute “parenting payment”.
Repeal the note.
Omit “2”.
Omit “parenting allowance”, substitute “parenting payment”.
Insert:
(1) A person is qualified for parenting payment if:
(a) the person has at least one PP child (see sections 500D to 500H); and
(b) the person is an Australian resident; and
(c) the person is in Australia, or satisfies the requirements of section 500A; and
(d) at least one of the following conditions is satisfied:
(i) the person is not a member of a couple and the person was not a lone parent at the start of the person’s current period as an Australian resident (see subsections (2) and (3));
(ii) the person has, at any time, been in Australia for a period of, or periods adding up to, at least 104 weeks during a continuous period throughout which the person was an Australian resident;
(iii) the person has a qualifying residence exemption for parenting payment.
Note 1: For
Australian resident andqualifying residence exemption see section 7.Note 2: If a person is claiming parenting payment under a scheduled international social security agreement, the requirements of this subsection could be modified by section 1208A.
(2) For the purposes of subparagraph (1)(d)(i), a person’s
current period as an Australian resident is a period that satisfies both the following conditions:
(a) the person has been an Australian resident for the entire period;
(b) the person lodged the claim for parenting payment during the period.
(3) For the purposes of subparagraph (1)(d)(i), a person was a
lone parent on a particular day if, on that day:
(a) the person was not a member of a couple; and
(b) the person had a dependent child.
(1) Subject to subsection (3), for the purposes of paragraph 500(1)(c), a person satisfies the requirements of this section if the person:
(a) is temporarily absent from Australia; and
(b) has not been absent from Australia for more than 26 weeks.
(2) For the purposes of subsection (1), in determining if an absence is temporary, regard must be had to the following factors:
(a) the purpose of the absence;
(b) the intended duration of the absence;
(c) the frequency of such absences.
(3) If:
(a) a person does not satisfy the requirements of this section:
(i) because the person’s absence from Australia is not temporary; or
(ii) because the person has been absent from Australia for more than 26 weeks; or
(iii) because of a previous application of this subsection; and
(b) the person comes to Australia; and
(c) the person leaves Australia again less than 26 weeks later;
the person is taken, for the purposes of paragraph 500(1)(c), not to satisfy the requirements of this section when the person leaves Australia as mentioned in paragraph (c).
A person who is a member of a couple is not qualified for parenting payment if the Secretary is satisfied that:
(a) an assurance of support is in force in respect of the person (the
assuree ); and(b) the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and
(c) it would be reasonable for the assuree to accept that support.
Note: For
assurance of support see subsection 23(1).
(1) If:
(a) a person (
claimant ) who is a member of a couple has claimed but has not yet received parenting payment; and(b) when the claim was lodged, the claimant was unemployed;
the claimant is not qualified for parenting payment unless the Secretary is satisfied that the claimant’s unemployment is not due to the fact that the claimant is, or has been, engaged in industrial action or a series of industrial actions.
(2) For the purposes of subsection (1) and without limiting that subsection, a claimant is taken not to be, or not to have been, engaged in industrial action or a series of industrial actions if the Secretary is satisfied that the claimant’s unemployment is due to the fact that other persons are, or have been, engaged in industrial action or in a series of industrial actions, and that:
(a) if industrial action is still being engaged in:
(i) those persons, or some of those persons, are members of a trade union that is involved in the industrial action, or have been such members at any time since industrial action started; and
(ii) the claimant has not been a member of that trade union at any time since industrial action started; or
(b) if industrial action has stopped:
(i) at any time while industrial action was being engaged in, those persons, or some of those persons, were members of a trade union that was involved in the industrial action; and
(ii) the claimant was not a member of that trade union at any time while industrial action was being engaged in.
(3) Subsection (1) does not prevent a person from being qualified for parenting payment on a PP (partnered) payday that occurs after the relevant industrial action or series of industrial actions has stopped.
Note: For
industrial action ,trade union andunemployment see section 16 and forPP (partnered) payday see section 18.
(1) A
PP child , in relation to a person who is a member of a couple, is a child who:
(a) is a dependent child of the person; and
(b) has not turned 16.
(2) A
PP child , in relation to a person who is not a member of a couple, is a child who:
(a) is a dependent child of the person (the
adult ); and
(b) either:
(i) has not turned 16; or
(ii) is a child for whom the adult is qualified for child disability allowance; and
(c) any of the following subparagraphs apply:
(i) the child is a natural or adopted child of the adult; or
(ii) the adult has a specific issues order, within the meaning of the
Family Law Act 1975 , in relation to the child under which the adult is responsible for the day‑to‑day care, welfare and development of the child; or(iii) the child is in the adult’s legal custody; or
(iv) if the adult has ever been a member of a couple—the child was being maintained by the adult immediately before the adult ceased to be a member of the couple; or
(v) the child has been wholly or substantially in the care of the adult for a period of at least 12 months immediately before the day on which the adult claims parenting payment and is, in the Secretary’s opinion, likely to remain wholly or substantially in the adult’s care permanently or indefinitely.
Note 1: For
dependent child see subsections 5(2) to (9).Note 2: If a parenting plan which includes provisions dealing with the day‑to‑day care, welfare and development of a child is registered in a court under the
Family Law Act 1975 , the provisions have effect as if they were a specific issues order made by the court under that Act. (See, in particular, subsection 63F(3) of theFamily Law Act 1975 .)
(1) A child can be a PP child of only one person at a time.
(2) If the Secretary is satisfied that, but for this section, a child would be a PP child of 2 or more persons (
adults ), the Secretary must:
(a) make a written determination specifying one of them as the person in relation to whom the child is to be a PP child; and
(b) give each adult who has claimed parenting payment a copy of the determination.
(3) The Secretary may make the determination even if all the adults have not claimed parenting payment.
(1) If a dependent child:
(a) leaves Australia temporarily; and
(b) continues to be absent from Australia for more than 26 weeks;
the child cannot be a PP child at any time after the 26 weeks while the child remains absent from Australia.
(2) For the purposes of subsection (1), in determining if an absence is temporary, regard must be had to the following factors:
(a) the purpose of the absence;
(b) the intended duration of the absence;
(c) the frequency of such absences.
If a dependent child:
(a) is born outside Australia; and
(b) continues to be absent from Australia for a period of more than 26 weeks immediately following the child’s birth;
the child cannot be a PP child at any time after the 26 weeks while the child remains absent from Australia.
If:
(a) a dependent child is not a PP child because of section 500F (absence from Australia) or 500G (birth outside Australia), or because of a previous application of this section; and
(b) the child comes to Australia; and
(c) the child leaves Australia less than 26 weeks later;
the child cannot be a PP child when the child leaves Australia as mentioned in paragraph (c).
(1) Even though a person is qualified for parenting payment, the payment may not be payable to the person because:
(a) the payment has not commenced to be payable (see sections 500J and 504); or
(b) the person has not provided a tax file number for the person (see section 500N) or the person’s partner (see section 500P); or
(c) the value of the person’s assets exceeds the person’s assets value limit (see section 500Q); or
(d) the person’s partner is receiving parenting payment (see section 500R); or
(e) the person is receiving another payment or another payment becomes payable to the person (see sections 500S to 500U); or
(f) the person is receiving a payment under certain educational schemes (see section 500V); or
(g) the person is receiving income that is paid by a community or group from funds provided under a Commonwealth funded employment program (see section 500W); or
(h) the person is receiving payments under a LEAP program (see section 500X); or
(i) a period of non‑payment or rate reduction of newstart allowance or youth training allowance has been applied to the person and the period has not ended (see section 500Y); or
(j) the person has not nominated a bank, credit union or building society account for payment of parenting payment (see section 504K); or
(k) the person is in gaol (see Part 3.13); or
(l) the person or the person’s partner is subject to a compensation preclusion period (see Part 3.14).
(2) Subject to subsection (3), parenting payment is not payable to a person if the person’s parenting payment rate would be nil.
(3) Subsection (2) does not apply to a person if the person’s rate is nil merely because an advance pharmaceutical allowance has been paid to the person under:
(a) Part 2.23 of this Act; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements Act.
Parenting payment is not payable to a person before the person’s provisional commencement day (identified under section 500K).
General rule (1) Subject to this section and section 500L, a person’s
provisional commencement day is the day on which the person claims parenting payment.
Claim made within 4 weeks of becoming qualified
(2) If a person claims parenting payment within 4 weeks after becoming qualified for parenting payment, the person’s provisional commencement day is the day on which he or she became qualified.
Initial incorrect or inappropriate claim followed by claim for parenting payment (3) If:
(a) a person makes a claim (in this subsection called the
initial claim ) for:
(i) a social security or service pension or a social security benefit; or
(ia) a youth training allowance; or
(ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to parenting payment; and
(b) on the day on which the person makes the initial claim, the person is qualified for parenting payment; and
(c) the person subsequently makes a claim for parenting payment; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the person’s provisional commencement day is the day on which the person made the initial claim.
Early claim
(4) If:
(a) a person lodges a claim for parenting payment; and
(b) the person is not, on the day on which the claim is lodged, qualified for parenting payment; and
(c) during the period of 13 weeks starting on the day immediately after the day on which the claim is lodged, the person becomes qualified for parenting payment otherwise than because of the birth of a child;
the person’s provisional commencement day is the first day on which the person is qualified for parenting payment.
Claim resulting from a major disaster (5) If a person:
(a) claims a disaster relief payment; and
(b) is qualified for the payment; and
(c) as a result of the major disaster to which the payment relates, claims parenting payment within 14 days of claiming the disaster relief payment;
the person’s provisional commencement day is the day on which he or she was affected by the disaster.
Recipient of wife pension or carer payment not required to make claim (6) If a person is not required to make a claim for parenting payment because of subsection 501(3) or (4), the person’s provisional commencement day is the day immediately after the end of the bereavement period.
Partner allowee not required to make claim
(7) If a person is not required to make a claim for parenting payment because of subsection 501(5), the person’s provisional commencement day is the day on which the person becomes qualified for parenting payment.
If:
(a) a person’s partner dies; and
(b) the person lodges a claim for parenting payment:
(i) on the day on which the partner dies; or
(ii) within 4 weeks after the day on which the partner dies;
the person’s provisional commencement day is the day on which the partner dies.
Note: For
provisional commencement day see section 500K.
(1) This section applies to a person if:
(a) the person is the partner of another person to whom section 100A, 615A or 687A of this Act, or section 91A of the
Student and Youth Assistance Act 1973 , applies because the Department was contacted by telephone, or by the transmission of a message by use of facsimile or computer equipment, in relation to the making of a claim by the other person for an allowance or pension referred to in that section; and(b) the Department was told, in the telephone call or message, either of the following:
(i) that the person intended to make a claim for parenting payment;
(ii) that the person intended to make a claim for partner allowance; and
(c) on the day the Department was contacted, the person was qualified for parenting payment; and
(d) the Secretary gave the person a written notice acknowledging that the Department had been contacted in relation to either of the following:
(i) the making by the person of a claim for parenting payment;
(ii) the making by the person of a claim for a partner allowance; and
(e) the person lodges a claim for parenting payment within the period stated in subsection (2); and
(f) either:
(i) the person gives the Secretary the notice referred to in paragraph (d) when lodging the claim for parenting payment; or
(ii) the Department has a written record that the notice referred to in paragraph (d) has been sent to the person.
(2) Subject to subsection (3), for the purposes of paragraph (1)(e), the period is 21 days after the day on which the Department was contacted (the
21 day period ).(3) The Secretary may determine, by written notice given to the person:
(a) within the 21 day period; or
(b) within the period of any extension under this subsection;
that the period for the purposes of paragraph (1)(e) is extended to a period that is not longer than 13 weeks after the day on which the Department was contacted.
(4) If this section applies to a person, the person is taken to have lodged a claim in accordance with subsection 501B(1) on the day on which the Department was contacted.
(1) Parenting payment is not payable to a person if:
(a) the person is requested under section 501H or 506B:
(i) to give the Secretary a written statement of the person’s tax file number; or
(ii) to apply for a tax file number and to give the Secretary a written statement of the person’s tax file number once it has been issued; and
(b) at the end of the period of 28 days after the request is made, the person has neither:
(i) given the Secretary a written statement of the person’s tax file number; nor
(ii) given the Secretary an employment declaration and satisfied either subsection (2) or (3).
(2) The person satisfies this subsection if:
(a) the person’s employment 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 Secretary a document by the person that authorises the Commissioner of Taxation to tell the 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 has not told the Secretary that the person has no tax file number.
(3) The 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 Secretary a document by the person that authorises the Commissioner of Taxation to tell the Secretary:
(i) if a 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 Secretary that the person has not applied for a tax file number; and
(d) the Commissioner of Taxation has not told the 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.
(1) Subject to subsection (4), parenting payment is not payable to a person if:
(a) the person is a member of a couple; and
(b) the person is requested under section 501I or 506C to give the Secretary a written statement of the tax file number of the person’s partner; and
(c) at the end of the period of 28 days after the request is made the person has neither:
(i) given the Secretary a written statement of the partner’s tax file number; nor
(ii) given the Secretary a declaration by the partner in a form approved by the Secretary and satisfied either subsection (2) or (3).
(2) The 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 Secretary a document by the partner that authorises the Commissioner of Taxation to tell the 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 Secretary that the partner has no tax file number.
(3) The 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 Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i) if a 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 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.
(4) The Secretary may waive the request for a statement of the partner’s tax file number if the 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).
(1) Parenting payment is not payable to a person who is not a member of a couple if the value of the person’s assets exceeds the person’s assets value limit.
(2) A person’s assets value limit is worked out using the following table:
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Note 1: For
homeowner see section 11.Note 2: The assets value limit in Column 3 of Item 1 is indexed annually in line with CPI increases (see sections 1190 to 1194).
Note 3: The assets value limit in Column 3 of Item 2 is adjusted annually (see subsection 1204(1)).
Note 4: If parenting payment is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1130B and 1130C).
(1) Subject to subsection (2), if one member of a couple is receiving parenting payment, parenting payment is not payable to the other member of the couple.
(2) If:
(a) both members of a couple are qualified for parenting payment; and
(b) both of them have claimed parenting payment (whether or not one of them is receiving parenting payment);
the Secretary must:
(c) make a written determination specifying one of them as the member of the couple to whom parenting payment is payable; and
(d) give a copy of the determination to both of them.
(3) Parenting payment is not payable to the member of the couple not specified in the determination.
(1) This section applies to a person who is not a member of a couple.
(2) Parenting payment is not payable to the person if the person is already receiving a service pension.
(3) If:
(a) a person is receiving parenting payment; and
(b) another social security pension or a social security benefit, youth training allowance or service pension becomes payable to the person;
parenting payment is not payable to the person.
Note 1: Another payment type will generally not become payable to the person until the person claims it.
Note 2: For
social security pension andsocial security benefit see subsection 23(1).Note 3: For the day on which parenting payment ceases to be payable see section 508.
(4) Parenting payment is not payable to a woman if:
(a) the woman is an armed services widow; and
(b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
Note: For
armed services widow see subsection 4(1).(5) Parenting payment is not payable to a man if:
(a) the man is an armed services widower; and
(b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
Note: For
armed services widower see subsection 4(1).
(1) This section applies to a person who is a member of a couple.
(2) Subject to subsection (3), if:
(a) a person is receiving parenting payment; and
(b) a social security benefit or a youth training allowance becomes payable to the person;
parenting payment is not payable to the person.
Note 1: Another payment type will generally not become payable to the person until the person claims it.
Note 2: For the day on which parenting payment ceases to be payable see section 508A.
Note 3: For
youth training allowance see subsection 23(1).
(3) Subsection (2) does not apply if:
(a) the person is an armed services widow; and
(b) the social security benefit to which subsection 1068(3) applies is payable to her.
Note: For
armed services widow see subsection 4(1).
(1) If:
(a) a person is receiving a non‑benefit PP (partnered); and
(b) the person is also receiving a social security pension other than:
(i) a wife pension; or
(ii) a carer payment for caring for the person’s partner; or
(iii) a mature age partner allowance; and
(c) the person ceases to be a member of a couple;
parenting payment is not payable to the person.
(2) If:
(a) a person is receiving a non‑benefit PP (partnered); and
(b) the person is also receiving:
(i) a wife pension; or
(ii) a mature age partner allowance; and
(c) the person’s partner dies;
parenting payment is not payable to the person.
(3) If:
(a) a person is receiving a non‑benefit PP (partnered); and
(b) the person is also receiving a carer payment for caring for the person’s partner; and
(c) the person’s partner dies; and
(d) the person is qualified for payments under Subdivision B of Division 9 of Part 2.5;
parenting payment is not payable to the person.
Note 1: For
non‑benefit PP (partnered) see section 18.Note 2: A person who is a member of a couple may receive both a social security pension and a non‑benefit PP (partnered). If the person were to cease to be a member of a couple, the rate of parenting payment would be changed to the pension PP (single) rate. The person’s other social security pension would then cease to be payable due to the pension multiple entitlement exclusion provisions (see for example the combined effect of subsection 103(2) and section 136). Section 500U operates to stop the payment of parenting payment in the situations specified in subsections 500U(1), (2) and (3). As a result, the person’s other pension continues to be payable.
If subsection 500U(1) applies to a person, parenting payment stops being payable and the person continues to receive a pension referred to in paragraph 500U(1)(b) (eg. disability support pension) (the rate of that pension will be reassessed at the single rate). If the person would prefer to receive pension PP (single), the person could lodge a claim for parenting payment, which, if granted, would result in the person’s current pension ceasing to be payable.
If subsections 500U(2) or (3) apply to a person, parenting payment stops being payable and the person continues to receive wife pension or mature age partner allowance or carer payment for caring for the person’s partner during the 14 week bereavement period. Parenting payment at the pension PP (single) rate may become payable immediately after the end of the bereavement period. A claim for parenting payment would be required at the end of the bereavement period if the person is receiving mature age partner allowance, but would not be required if the person is receiving wife pension or carer payment. If the person would prefer to receive pension PP (single) during the bereavement period, the person could choose not to receive wife pension (see subsection 188(2)) or mature age partner allowance (see subsection 660XKJ(2)) or carer payment (see subsection 237(2)) during the bereavement period, and lodge a claim for parenting payment instead.
(1) This section applies to a person who is a member of a couple.
(2) Parenting payment is not payable to the person if the person is receiving:
(a) payments under the AUSTUDY Scheme; or
(b) payments under the ABSTUDY Scheme (other than payments under the ABSTUDY Tertiary Scheme as a part‑time student); or
(c) payments under the Student Financial Supplement Scheme.
(1) This section applies to a person who is a member of a couple.
(2) Parenting payment is not payable to a person if the person is receiving income that is paid by a community or group from funds provided under a Commonwealth funded employment program.
Note: For
Commonwealth funded employment program see subsection 23(1).
(1) This section applies to a person who is a member of a couple.
(2) Parenting payment is not payable to a person if the person is receiving payments under a LEAP program.
Note: For
LEAP program see subsection 23(1).
(1) This section applies to a person who is a member of a couple.
(2) Parenting payment is not payable to a person if:
(a) a period of non‑payment of newstart allowance has been applied to the person under paragraph 608(1)(j); or
(b) an activity test breach rate reduction period or an administrative breach rate reduction period for newstart allowance has been applied to the person under section 644AA or 644B; or
(c) a period of non‑payment of youth training allowance has been applied to the person under paragraph 85(1)(k) or (m) of the
Student and Youth Assistance Act 1973 ; or(d) an activity test breach rate reduction period or an administrative breach rate reduction period for youth training allowance has been applied to the person under section 136AA or 136A of the
Student and Youth Assistance Act 1973 ;and that period has not ended.
(3) Subsection (2) does not apply in relation to a particular period of non‑payment or rate reduction if the Secretary is satisfied that it should not so apply.
(1) Subject to subsections (3), (4) and (5), a person who wants to be granted parenting payment must make a proper claim for that payment.
Note: For
proper claim see section 501A (form), section 501B (manner of lodgment) and section 501C (residence/presence in Australia).(2) For the purposes of subsection (1), if:
(a) a claim for parenting payment is made by or on behalf of a person; and
(b) at the time the claim is made, the claim cannot be granted because the person is not qualified for that payment; and
(c) subsection 500K(4) does not apply to the claim;
the claim is to be taken to have not been made.
(3) If:
(a) a person is receiving a wife pension; and
(b) the person’s partner dies; and
(c) immediately before the end of the bereavement period the person is qualified for wife pension; and
(d) immediately after the end of that period the person is qualified for parenting payment;
the person does not have to make a claim for parenting payment.
(4) If:
(a) a person is receiving a carer payment for caring for the person’s partner; and
(b) the person’s partner dies; and
(c) immediately before the end of the bereavement period the person is qualified for payments under Subdivision B of Division 9 of Part 2.5; and
(d) immediately after the end of that period the person is qualified for parenting payment;
the person does not have to make a claim for parenting payment.
(5) If:
(a) a person is receiving a partner allowance; and
(b) the person becomes qualified for parenting payment because the person becomes a person who has at least one PP child;
the person does not have to make a claim for parenting payment.
Note: For
PP child see sections 500D to 500H.
To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.
(1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
(2) Subject to subsection (3), a place or person approved under subsection (1) must be a place or person in Australia.
(3) The Secretary may approve a place or person outside Australia under subsection (1) for the purpose of lodgment of claims made under an international agreement.
Note: For international agreements see Part 4.1.
(1) Subject to subsection (2), a claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note 1: For
Australian resident see subsection 7(2).Note 2: The provisions of a scheduled international agreement may permit a proper claim to be made by a person who is not an Australian resident or not in Australia (see section 1208).
(2) A claim lodged by a person who is an Australian resident but is not in Australia is a proper claim if:
(a) the person, while outside Australia, has been receiving an income support payment; and
(b) the income support payment is cancelled or ceases to be payable; and
(c) the person lodges the claim for parenting payment within 13 weeks after the income support payment is cancelled or ceases to be payable.
Note: For
income support payment see subsection 23(1).
(1) A claimant for parenting payment or a person on behalf of a claimant may withdraw a claim made by the claimant that has not been determined.
(2) A claim that is withdrawn is taken to have not been made.
(3) A withdrawal may be made orally or in writing.
De facto relationship (1) If:
(a) a particular residence has been, for a period of at least 8 weeks, the principal home of both a claimant for parenting payment and a person of the opposite sex; and
(b) the claimant is not legally married to the other person; and
(c) the claimant and the other person are not within a prohibited relationship for the purposes of section 23B of the
Marriage Act 1961 ; and(d) the claimant and the other person:
(i) are the parents of a child who lives in the residence; or
(ii) have joint ownership of the residence; or
(iii) are joint lessees of the residence under a lease the original duration of which is at least 10 years; or
(iv) have joint assets with a total value of more than $4,000; or
(v) have joint liabilities totalling more than $1,000; or
(vi) have at any time been members of the same couple; or
(vii) have at any time shared another residence with each other;
the Secretary may give the claimant a notice that requires the claimant to give the Secretary:
(e) specified information about the claimant’s relationship with the other person; and
(f) any other information that might be relevant to the question whether the other person is the claimant’s partner.
(2) For the purposes of subsection (1), a child of a person means a child of any age and includes an adopted child.
Living separately and apart under the one roof (3) If:
(a) a particular residence has been, for a period of at least 8 weeks, the principal home of both a claimant for parenting payment and a person of the opposite sex; and
(b) the claimant and the other person are legally married to one another; and
(c) the claimant and the other person:
(i) are living separately and apart on a permanent or indefinite basis; or
(ii) claim to be living separately and apart on a permanent or indefinite basis;
the Secretary may give the claimant a notice that requires the claimant to give the Secretary:
(d) specified information about the claimant’s relationship with the other person; and
(e) any other information that might be relevant to the question whether the claimant and the other person are living separately and apart on a permanent or indefinite basis.
Kind of information that can be specified (4) Information specified under paragraph (1)(e) or (3)(d) is to be information:
(a) that is within the claimant’s own knowledge; or
(b) that the claimant can reasonably be expected to obtain.
Notice to state effect of failure to comply with notice (5) A notice under subsection (1) or (3) is to state that the claimant’s claim will be taken not to have been made if the claimant does not give the Secretary the required information within 14 days after the notice is given.
De facto relationship (1) If:
(a) a person claims parenting payment; and
(b) the Secretary gives the claimant a notice under subsection 501E(1) about the claimant’s relationship with another person to whom the claimant is not legally married; and
(c) the claimant purports to give the Secretary the information required by the notice; and
(d) the Secretary is satisfied that the claimant has given the Secretary all the relevant information;
the Secretary must form an opinion whether the claimant has a marriage‑like relationship with the other person.
Note: In forming this opinion, the Secretary must apply the rule laid down in subsection 4(4).
Favourable subsection (1) determination to be followed by investigation moratorium (2) If the Secretary forms the opinion, under subsection (1), that the claimant does not have a marriage‑like relationship with the other person, the Secretary must not cause or permit any action to be taken for the purposes of, or in connection with, an investigation of the claimant’s relationship with the other person until:
(a) the Secretary has reason to believe that the claimant’s domestic circumstances have changed so that:
(i) a circumstance set out in subsection 501E(1) that did not previously apply to the claimant now applies to the claimant; or
(ii) a circumstance set out in subsection 501E(1) that previously applied to the claimant now applies to the claimant for a different reason; or
(b) 12 weeks after the Secretary formed the opinion under subsection (1) of this section;
whichever is earlier.
Living separately and apart under the one roof (3) If:
(a) a person claims parenting payment; and
(b) the Secretary gives the claimant a notice under subsection 501E(2) about the claimant’s relationship with another person to whom the claimant is legally married; and
(c) the claimant purports to give the Secretary the information required by the notice; and
(d) the Secretary is satisfied that the claimant has given the Secretary all the relevant information;
the Secretary must form an opinion whether the claimant is living separately and apart from the other person on a permanent or indefinite basis.
Note: In forming this opinion, the Secretary must apply the rule laid down in subsection 4(5).
Favourable subsection (3) determination to be followed by investigation moratorium (4) If the Secretary forms the opinion, under subsection (3), that the claimant is living separately and apart from the other person on a permanent or indefinite basis, the Secretary must not cause or permit any action to be taken for the purposes of, or in connection with, an investigation of the claimant’s relationship with the other person until 12 weeks after the Secretary formed that opinion.
If:
(a) the Secretary gives a claimant for parenting payment a notice under subsection 501E(1) or (2); and
(b) the claimant does not give the Secretary the information required by the notice within 14 days after the notice is given;
the claimant’s claim is to be taken not to have been lodged.
Note: If the claimant has to lodge a new claim for parenting payment, this may affect the date from which parenting payment can be paid.
(1) If a claimant for parenting payment is in Australia, the Secretary may request but not compel the claimant:
(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or
(b) if the claimant 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 Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.
(2) Parenting payment is not payable to a claimant if, at the end of the period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the request.
Note: In some cases the request can be satisfied by giving the Secretary a declaration by the claimant about the claimant’s tax file number and an authority by the claimant to the Commissioner of Taxation to give the Secretary certain information about the claimant’s tax file number (see subsections 500N(2) and (3)).
(1) If:
(a) a claimant for parenting payment is a member of a couple; and
(b) the claimant’s partner is in Australia;
the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.
(2) Parenting payment is not payable to a claimant if, at the end of the period of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the request.
Note 1: In some cases the request can be satisfied by giving the 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 Secretary certain information about the partner’s tax file number (see subsections 500P(2) and (3)).
Note 2: The Secretary may waive the request in some cases (see subsection 500P(4)).
(1) If:
(a) a person claims parenting payment; and
(b) the Secretary is satisfied that the claimant would be entitled to a comparable foreign payment from a CFP country if the claimant applied for the payment;
the Secretary may give the claimant a notice that requires the claimant to take reasonable action to obtain the payment.
(2) If:
(a) a person claims parenting payment; and
(b) the Secretary is satisfied that the claimant’s partner would be entitled to a comparable foreign payment from a CFP country if the partner applied for the payment;
the Secretary may give the claimant a notice that requires the partner to take reasonable action to obtain the payment.
(3) A notice under subsection (1) or (2):
(a) must be in writing; and
(b) must be given personally or by post; and
(c) must specify the period within which the reasonable action is to be taken.
(4) The period specified under paragraph (3)(c) must end at least 14 days after the day on which the notice is given.
(5) The Secretary may, in spite of section 502, reject a claim if:
(a) the claimant is given a notice under subsection (1) or (2); and
(b) the Secretary is satisfied that the claimant or the claimant’s partner has not taken reasonable action to obtain the comparable foreign payment within the period specified in the notice.
(6) For the purposes of this section, a person takes reasonable action to obtain a comparable foreign payment only if the person takes reasonable action to obtain that payment at the highest rate applicable to the person.
The Secretary must, in accordance with this Act, determine the claim.
The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for parenting payment; and
(b) parenting payment is payable.
(1) Subject to subsections (2), (3) and (4), a determination under section 502A takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.
Notified decision—review sought within 13 weeks (2) If:
(a) a decision (in this subsection called the
previous decision ) is made rejecting a person’s claim for parenting payment; and(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 13 weeks after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.
Notified decision—review sought after 13 weeks (3) If:
(a) a decision (in this subsection called the
previous decision ) is made rejecting a person’s claim for parenting payment; and(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 13 weeks after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.
Decision not notified (4) If:
(a) a decision (in this subsection called the
previous decision ) is made rejecting a person’s claim for parenting payment; and(b) no notice is given to the person to whom parenting payment is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.
A person’s parenting payment rate is worked out using:
(a) if the person is not a member of a couple—the Pension PP (Single) Rate Calculator at the end of section 1068A (see Part 3.6A); or
(b) if the person is a member of a couple—the PP (Partnered) Rate Calculator at the end of section 1068B (see Part 3.6A).
Parenting payment becomes payable to a person on the first day on which:
(a) the person is qualified for parenting payment; and
(b) no provision of this Act makes parenting payment not payable to the person.
Note 1: For qualification see section 500.
Note 2: For the circumstances in which parenting payment is not payable see section 500I.
Subject to sections 504C and 504E, a full instalment of parenting payment is payable to a person on each pension PP (single) payday on which:
(a) the person is qualified for parenting payment; and
(b) parenting payment worked out using the Pension PP (Single) Rate Calculator at the end of section 1068A is payable to the person.
Note: For
pension PP (single) payday see section 18.
Subject to sections 504C and 504E, a full instalment of parenting payment is payable to a person on each PP (partnered) payday on which:
(a) the person is qualified for parenting payment; and
(b) parenting payment worked out using the PP (Partnered) Rate Calculator at the end of section 1068B is payable to the person.
Note: For
PP (partnered) payday see section 18.
If:
(a) a person claims parenting payment on a particular day (the
claim day ); and(b) the person’s provisional commencement day is before the claim day; and
(c) there is a parenting payment payday on or after the provisional commencement day and before the claim day;
then:
(d) no instalment of parenting payment is payable on that payday; and
(e) a full instalment of parenting payment in respect of that payday is payable on the first parenting payment payday on or after the claim day.
Note: For
parenting payment payday see section 18 and forprovisional commencement day see section 500K.
Pension PP (single) (1) Subject to section 504E, the amount of an instalment of pension PP (single) is the amount worked out by dividing the amount of the annual rate of the pension PP (single) by 26.
PP (partnered)
(2) Subject to section 504E, the amount of an instalment of PP (partnered) is the fortnightly rate of the PP (partnered).
Transfer from single to partnered—one week between paydays
(1) If:
(a) an instalment of PP (partnered) is payable to a person on a PP (partnered) payday; and
(b) an instalment of pension PP (single) was payable to the person on the pension PP (single) payday occurring one week before the payday referred to in paragraph (a);
the amount of the instalment of PP (partnered) is the amount worked out by dividing the amount of the fortnightly rate of the PP (partnered) by 2.
Transfer from partnered to single—one week between paydays
(2) If:
(a) an instalment of pension PP (single) is payable to a person on a pension PP (single) payday; and
(b) an instalment of PP (partnered) was payable to the person on the PP (partnered) payday occurring one week before the payday referred to in paragraph (a);
the amount of the instalment of pension PP (single) is the amount worked out by dividing the amount of the annual rate of the pension PP (single) by 52.
(1) If an amount that is payable to a person on a parenting payment payday is not a multiple of 10 cents, the amount is, subject to subsection (2), to be increased or decreased to the nearest multiple of 10 cents.
(2) If an amount that is payable to a person on a parenting payment payday is not a multiple of 10 cents but is a multiple of 5 cents, the amount is to be increased by 5 cents.
(3) If:
(a) an instalment of parenting payment is payable to a person on a pension PP (single) payday; and
(b) an amount of pharmaceutical allowance is added to the person’s maximum basic rate in working out the person’s pension PP (single) rate; and
(c) apart from this subsection, the amount of the instalment would be less than the person’s fortnightly PA rate;
the amount of the instalment is to be increased to the person’s fortnightly PA rate.
(4) For the purposes of subsection (3), the person’s fortnightly PA rate is:
where:
pharmaceutical allowance rate is the yearly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the person’s pension PP (single) rate.
(5) If:
(a) an instalment of parenting payment is payable to a person on a PP (partnered) payday; and
(b) an amount of pharmaceutical allowance is added to the person’s provisional payment rate in working out the person’s PP (partnered) rate; and
(c) apart from this subsection, the amount of the instalment would be less than the person’s fortnightly PA rate;
the amount of the instalment is to be increased to the person’s fortnightly PA rate.
Note: For the provisional payment rate of PP (partnered) see Step 7 in point 1068B‑A3 of the PP (Partnered) Rate Calculator in section 1068B.
(6) For the purposes of subsection (5), the person’s fortnightly PA rate is the amount applicable to the person under Table E in point 1068B‑E8.
(7) If, apart from this subsection, the amount of an instalment of parenting payment would be less than $1.00, the amount is to be increased to $1.00.
(1) If:
(a) a person’s parenting payment ceases to be payable at the pension PP (single) rate; and
(b) immediately after the payment ceases to be payable at that rate, parenting payment is payable to the person at the PP (partnered) rate; and
(c) there is a period of 3 weeks between the person’s final pension PP (single) payday and first PP (partnered) payday;
there is payable to the person, at a time determined by the Secretary, an amount (the
gap supplement ) worked out under subsection (2) or (3).
(2) Subject to subsection (3), the gap supplement is the amount worked out by dividing the amount of the fortnightly rate of the PP (partnered) by 2.
(3) If:
(a) the PP (partnered) rate referred to in paragraph (1)(b) is a non‑benefit PP (partnered) rate; and
(b) an instalment of social security pension is payable to the person after the person’s final pension PP (single) payday and before the person’s first PP (partnered) payday;
the person’s gap supplement is worked out by subtracting from the amount worked out under subsection (2) the amount of the instalment referred to in paragraph (b).
(1) If:
(a) a person’s parenting payment ceases to be payable at the PP (partnered) rate; and
(b) immediately after the payment ceases to be payable at that rate, parenting payment is payable to the person at the pension PP (single) rate; and
(c) there is a period of 3 weeks between the person’s final PP (partnered) payday and first pension PP (single) payday;
there is payable to the person, at a time determined by the Secretary, an amount (the
gap supplement ) worked out under subsection (2) or (3).
(2) Subject to subsection (3), the gap supplement is the amount worked out by dividing the amount of the annual rate of the pension PP (single) by 52.
(3) If:
(a) the PP (partnered) rate referred to in paragraph (1)(a) is a non‑benefit PP (partnered) rate; and
(b) an instalment of social security pension is payable to the person after the person’s final PP (partnered) payday and before the person’s first pension PP (single) payday;
the person’s gap supplement is worked out by subtracting from the amount worked out under subsection (2), the amount of the instalment referred to in paragraph (b).
(1) If an amount of gap supplement payable to a person is not a multiple of 10 cents, the amount is, subject to subsection (2), to be increased or decreased to the nearest multiple of 10 cents.
(2) If the amount is not a multiple of 10 cents but is a multiple of 5 cents, the amount is to be increased by 5 cents.
(3) If:
(a) parenting payment is payable to a person at the pension PP (single) rate; and
(b) an amount of pharmaceutical allowance is added to the person’s maximum basic rate in working out the person’s pension PP (single) rate; and
(c) apart from this subsection, the amount of the gap supplement would be less than the person’s weekly PA rate;
the amount of the gap supplement is to be increased to the person’s weekly PA rate.
(4) For the purposes of subsection (3), the person’s weekly PA rate is:
where:
pharmaceutical allowance rate is the yearly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the person’s pension PP (single) rate.
(5) If:
(a) parenting payment is payable to a person at the PP (partnered) rate; and
(b) an amount of pharmaceutical allowance is added to the person’s provisional payment rate in working out the person’s PP (partnered) rate; and
(c) apart from this subsection, the amount of the gap supplement would be less than the person’s weekly PA rate;
the amount of the gap supplement is to be increased to the person’s weekly PA rate.
(6) For the purposes of subsection (5), the person’s weekly PA rate is:
where:
pharmaceutical allowance rate is the amount per fortnight applicable to the person under Table E in point 1068B‑E8.(7) If, apart from this subsection, the amount of the gap supplement would be less than $1.00, the amount is to be increased to $1.00.
(1) Subject to subsection (3), instalments of a person’s parenting payment are to be paid to that person.
(2) The Secretary may direct that the whole or part of the instalments of a person’s parenting payment are to be paid to someone else on behalf of the person.
(3) If the Secretary makes a direction under subsection (2), the instalments are to be paid in accordance with the direction.
(4) In this section:
instalment includes any gap supplement payable to a person under section 504G or 504H.
(1) An amount that is to be paid to a person under section 504J is to be paid in the manner set out in this section.
(2) Subject to this section, the amount is to be paid to the credit of a bank account, credit union account or building society account nominated and maintained by the person.
(3) The account may be an account that is maintained by the person either alone or jointly or in common with another person.
(4) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).
(5) If the Secretary gives a direction under subsection (4), the amount is to be paid in accordance with the direction.
(6) If, at the end of the period (the
preliminary period ) of 28 days starting on the day on which parenting payment became payable to the person:
(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 (4) in relation to payments of parenting payment to the person;
parenting payment ceases to be payable to the person.
(7) If the person nominates an account for the purposes of subsection (2) after the end of the preliminary period, then, subject to this Part, parenting payment again becomes payable to the person and is so payable:
(a) if the nomination was made within 13 weeks 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.
If the Secretary is satisfied that an amount of parenting payment that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.
(1) If:
(a) parenting payment is payable to a person; and
(b) the person dies; and
(c) at the date of the person’s death the person had not received an amount of parenting payment payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 26 weeks after the death; or
(ii) within a further period allowed by the Secretary in special circumstances;
the Secretary may pay the amount to the person who, in the Secretary’s opinion, is best entitled to it.
(2) If the Secretary pays an amount of parenting payment under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of parenting payment.
(1) Subject to subsections (2) and (3) and section 1359, parenting payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
Payments to Commissioner of Taxation at recipient’s request (2) The Secretary may make deductions from the instalments of parenting payment payable to a person where the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: The Secretary must make deductions from a person’s social security payment if requested by the Commissioner of Taxation (see section 1359).
Deductions from instalments with recipient’s consent (3) The Secretary may make deductions from the instalments of parenting payment payable to a person if the recipient consents under section 1234A to the Secretary making the deductions.
Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.
(4) In subsections (2) and (3):
instalment includes any gap supplement payable to a person under section 504G or 504H.
(1) If:
(a) a person has an account with a financial institution; and
(b) either or both of the following apply:
(i) instalments of parenting payment 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 parenting payment payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
(2) The
saved amount is worked out as follows:
Method statement
Step 1. Work out the total amount payable to the person in respect of parenting payment or advance payment of parenting payment that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is thesaved amount .
(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.
(4) In this section:
instalment includes any gap supplement payable to a person under section 504G or 504H.
De facto relationship (1) If:
(a) a person is receiving parenting payment; and
(b) a particular residence has been, for a period of at least 8 weeks, the principal home of both the recipient and a person of the opposite sex; and
(c) the recipient is not legally married to the other person; and
(d) the recipient and the other person are not within a prohibited relationship for the purposes of section 23B of the
Marriage Act 1961 ; and(e) the recipient and the other person:
(i) are the parents of a child who lives in the residence; or
(ii) have joint ownership of the residence; or
(iii) are joint lessees of the residence under a lease the original duration of which is at least 10 years; or
(iv) have joint assets with a total value of more than $4,000; or
(v) have joint liabilities totalling more than $1,000; or
(vi) have at any time been members of the same couple; or
(vii) have at any time shared another residence with each other;
the Secretary may give the recipient a notice that requires the recipient to give the Secretary:
(f) specified information about the recipient’s relationship with the other person; and
(g) any other information that might be relevant to the question whether the other person is the recipient’s partner.
Note: For the effect of a failure to comply with the notice see sections 510E and 510F.
(2) For the purposes of subsection (1), a child of a person means a child of any age and includes an adopted child.
Living separately and apart under the one roof (3) If:
(a) a person is receiving parenting payment; and
(b) a particular residence has been, for a period of at least 8 weeks, the principal home of both the recipient and a person of the opposite sex; and
(c) the recipient and the other person are legally married to one another; and
(d) the recipient and the other person:
(i) are living separately and apart on a permanent or indefinite basis; or
(ii) claim to be living separately and apart on a permanent or indefinite basis;
the Secretary may give the recipient a notice that requires the recipient to give the Secretary:
(e) specified information about the recipient’s relationship with the other person; and
(f) any other information that might be relevant to the question whether the recipient and the other person are living separately and apart on a permanent or indefinite basis.
Note: For the effect of a failure to comply with the notice see sections 510E and 510F.
Kind of information that may be specified (4) Information specified under paragraph (1)(f) or (3)(e) is to be information:
(a) that is within the recipient’s own knowledge; or
(b) that the recipient can reasonably be expected to obtain.
Notice to state effect of failure to comply with notice (5) A notice under subsection (1) or (3) is to state that the recipient’s parenting payment will be suspended if the recipient does not give the Secretary the required information within 14 days after the notice is given.
De facto relationship (1) If:
(a) a person is receiving parenting payment; and
(b) the Secretary gives the recipient a notice under subsection 506(1) about the recipient’s relationship with another person to whom the recipient is not legally married; and
(c) the recipient purports to give the Secretary the information required by the notice; and
(d) the Secretary is satisfied that the recipient has given the Secretary all the relevant information;
the Secretary must form an opinion whether the recipient has a marriage‑like relationship with the other person.
Note: In forming this opinion, the Secretary must apply the rule laid down in subsection 4(4).
Favourable subsection (1) determination to be followed by investigation moratorium (2) If the Secretary forms the opinion, under subsection (1), that the recipient does not have a marriage‑like relationship with the other person, the Secretary must not cause or permit any action to be taken for the purposes of, or in connection with, an investigation of the recipient’s relationship with the other person until:
(a) the Secretary has reason to believe that the recipient’s domestic circumstances have changed so that:
(i) a circumstance set out in subsection 506(1) that did not previously apply to the recipient now applies to the recipient; or
(ii) a circumstance set out in subsection 506(1) that previously applied to the recipient now applies to the recipient for a different reason; or
(b) 12 weeks after the Secretary formed the opinion under subsection (1) of this section;
whichever is earlier.
Living separately and apart under the one roof (3) If:
(a) a person is receiving parenting payment; and
(b) the Secretary gives the recipient a notice under subsection 506(3) about the recipient’s relationship with another person to whom the recipient is legally married; and
(c) the recipient purports to give the Secretary the information required by the notice; and
Omit “family payment” (wherever occurring), substitute “family allowance”.
182
Subclause 63(3A) of Schedule 1A (paragraph (c) of the definition of post‑1995 increase ) Repeal the paragraph, substitute:
(c) family payment under this Act as previously in force;
(ca) family allowance;
183
Part heading immediately before clause 80 of Schedule 1A Repeal the heading.
Repeal the subclause, substitute:
(2) Sections 884, 885 and 886 as in force on 1 January 1996 apply in relation to:
(a) all payments of family payment made on or after that date; and
(b) all payments of family allowance made on or after 1 April 1998.
Add:
If a determination or other instrument relating to family payment that was made or given under this Act as in force before 1 April 1998 was in force immediately before that date, the determination or other instrument continues in force, subject to this Act, on and after that date as if it were made or given under this Act in relation to family allowance.
(1) If:
(a) a person lodged a claim for family payment under this Act before 1 April 1998; and
(b) the claim was not determined before that date;
the claim has effect on and after that date as if it were a claim for family allowance.
(2) If:
(a) subclause (1) applies to a claim; and
(b) the claim is granted under this Act;
the determination granting the claim may have a date of effect before 1 April 1998.
The following items in this Part have effect if, and only if, some or all of the
Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997 has commenced, with a Schedule headedMaternity Allowances .
Omit “FP child”, substitute “FA child”.
Omit “FP child”, substitute “FA child”.
Omit “family payment”, substitute “family allowance”.
Note: The heading to subsection 900G(2) is altered by omitting “
family payment ” and substituting “family allowance ”.
Omit “family payment”, substitute “family allowance”.
Note: The heading to subsection 900G(3) is altered by omitting “
family payment ” and substituting “family allowance ”.
Omit “family payment”, substitute “family allowance”.
Note: The heading to subsection 900GB(1) is altered by omitting “
family payment ” and substituting “family allowance ”.
Omit “family payment”, substitute “family allowance”.
Note: The heading to subsection 900GB(2) is altered by omitting “
family payment ” and substituting “family allowance ”.
Omit “family payment”, substitute “family allowance”.
Note: The heading to subsection 900GB(3) is altered by omitting “
family payment ” and substituting “family allowance ”.
Omit “family payment”, substitute “family allowance”.
Note: The heading to subsection 900GB(4) is altered by omitting “
family payment ” and substituting “family allowance ”.
Omit “family payment”, substitute “family allowance”.
The following item has effect if, and only if, an Act called the
Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997 does not commence, in whole or in part, with a Schedule headedMaternity allowances .
Omit “family payment”, substitute “family allowance”.
Omit “family payment”, substitute “family allowance”.
The following item has effect if, and only if, some or all of the
Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997 Act has commenced, with a Schedule headedFamily payment: income test .
Omit “family payment”, substitute “family allowance”.
The following item has effect if, and only if, an Act called the
Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997 does not commence, in whole or in part, with a Schedule headedFamily payment: income test .
Omit “family payment”, substitute “family allowance”.
(1) Subject to subsection (2), the following items in this Division have effect if, and only if, some or all of the
Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997 has commenced, with a Schedule headedFamily payment: rent assistance .(2) Item 211 does not have effect if another provision of this Act has amended (by way of repeal and substitution) point 1068A‑F1.
Repeal the subparagraphs, substitute:
(i) where the person or the person’s partner is receiving family allowance in respect of a dependent child who is an FA child—the standard family allowance rate of the person or partner does not exceed the minimum family allowance rate of the person or partner, as the case may be; and
(ii) where 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 allowance in respect of a dependent child who is an FA child—the standard family allowance rate of the partner does not exceed the minimum family allowance rate of the partner.
Repeal the paragraph, substitute:
(e) where the person or the person’s partner is receiving family allowance in respect of a dependent child who is an FA child—the standard family allowance rate of the person or partner does not exceed the minimum family allowance rate of the person or partner, as the case may be.
Repeal the paragraph, substitute:
(h) where the person or the person’s partner is receiving family allowance in respect of a dependent child who is an FA child—the standard family allowance rate of the person or partner does not exceed the minimum family allowance rate of the person or partner, as the case may be; and
Repeal the paragraph, substitute:
(i) where the person or the person’s partner is receiving family allowance in respect of a dependent child who is an FA child—the standard family allowance rate of the person or partner does not exceed the minimum family allowance rate of the person or partner, as the case may be; and
Repeal the paragraph, substitute:
(h) where the person or the person’s partner is receiving family allowance in respect of a dependent child who is an FP child—the standard family allowance rate of the person or partner does not exceed the minimum family allowance rate of the person or partner, as the case may be.
Repeal the paragraph, substitute:
(f) where the person or the person’s partner is receiving family allowance in respect of a dependent child who is an FA child—the standard family allowance rate of the person or partner does not exceed the minimum family allowance rate of the person or partner, as the case may be.
Repeal the paragraph, substitute:
(f) where the person or the person’s partner is receiving family allowance in respect of a dependent child who is an FA child—the standard family allowance rate of the person or partner does not exceed the minimum family allowance rate of the person or partner, as the case may be.
Repeal the paragraph, substitute:
(g) where the person or the person’s partner is receiving family allowance in respect of a dependent child who is an FA child—the standard family allowance rate of the person or partner does not exceed the minimum family allowance rate of the person or partner, as the case may be.
Repeal the paragraph and note, substitute:
(e) the person’s standard family allowance rate exceeds the person’s minimum family allowance rate.
Note: A person’s standard family allowance rate cannot exceed the person’s minimum family allowance rate if the person is temporarily absent from Australia for more than 13 weeks (see section 1069‑B5).
(1) Subject to subsection (2), the following items in this Division have effect if, and only if, an Act called the
Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997 does not commence, in whole or in part, with a Schedule headedFamily payment: rent assistance .(2) Item 222 does not have effect if another provision of this Act has amended (by way of repeal and substitution) point 1068A‑F1.
Omit “FP child” (wherever occurring), substitute “FA child”.
Omit “family payment”, substitute “family allowance”.
Omit “FP child”, substitute “FA child”.
Omit “FP child”, substitute “FA child”.
Omit “FP child”, substitute “FA child”.
Omit “FP child”, substitute “FA child”.
Omit “FP child”, substitute “FA child”.
Omit “FP child”, substitute “FA child”.
Omit “FP child”, substitute “FA child”.
The following item has effect if, and only if some or all of the
Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997 has commenced, with a Schedule headedFamily payment: maintenance income test .
Omit “FP child” (wherever occurring), substitute “FA child”.
The following item has effect if, and only if, an Act called the
Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997 does not commence, in whole or in part, with a Schedule headedFamily payment: maintenance income test .
Omit “FP child”, substitute “FA child”.
The following items of this Division have effect if, and only if, this Act contains a Schedule headed
Amendments relating to parenting payment .
Omit “FP child”, substitute “FA child”.
Omit “family payment” (wherever occurring), substitute “family allowance”.
Omit “FP child”, substitute “FA child”.
Omit “FP child”, substitute “FA child”.
Omit “
FP child ”, substitute “FA child ”.
Omit “FP child”, substitute “FA child”.
Omit “family payment” (wherever occurring), substitute “family allowance”.
Omit “FP child”, substitute “FA child”.
Omit “FP child”, substitute “FA child”.
Omit “FP child (wherever occurring)”, substitute “FA child”.
Note: The heading to point 1068B‑G5 is altered by omitting “
FP child ” (wherever occurring) and substituting “FA child ”.
The following items of this Division have effect if, and only if, this Act does not contain a Schedule headed
Amendments relating to parenting payment .
Omit “FP child”, substitute “FA child”.
Omit “AFP child”, substitute “FA child”.
Omit “FP child” (wherever occurring), substitute “FA child”.
Note: The heading to point 1068A‑G7 is altered by omitting “
FP child ” and substituting “FA child ”.
Omit “FP child” (wherever occurring), substitute “FA child”.
Note: The heading to point 1068A‑G8 is altered by omitting “
FP child ” (wherever occurring) and substituting “FA child ”.
The following item has effect if, and only if, some or all of the
Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997 has commenced, with a Schedule headedFamily payment: qualification of approved care organisation .
Omit “FP child”, substitute “FA child”.
The following item has effect if, and only if, some or all of the
Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997 has commenced, with a Schedule headedFringe benefits .
Omit “family payment”, substitute “family allowance”.
The following item has effect if, and only if, an Act called the
Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997 does not commence, in whole or in part, with a Schedule headedFringe benefits .
Omit “family payment”, substitute “family allowance”.
The following items have effect if, and only if, some or all of the
Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997 has commenced, with a Schedule headedFamily payment: hardship provisions
Omit “FP child” (wherever occurring), substitute “FA child”.
Omit “
FP child ”, substitute “FA child ”.
Omit “family payment” (wherever occurring), substitute “family allowance”.
Omit “family payment”, substitute “family allowance”.
Omit “FP HIL”, substitute “FA HIL”.
Omit “FP HIL”, substitute “FA HIL”.
Insert in their appropriate alphabetical position, determined on a letter‑by‑letter basis:
|
|
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Insert:
Application of definitions in this section (1) The definitions in this section relate to ordinary waiting periods and liquid assets test waiting periods.
Note: A person who makes a claim for one of the following allowances, may have to serve an ordinary waiting period before the person can be paid the allowance:
(a) newstart allowance;
(b) sickness allowance;
(c) youth allowance.
A person who makes a claim for sickness allowance, newstart allowance or youth allowance may also have to serve a liquid assets test waiting period before the person can be paid the allowance.
Meaning of in severe financial hardship :person who is not a member of a couple
(2) A person who is not a member of a couple and who makes a claim for one of the following allowances:
(a) newstart allowance;
(b) sickness allowance;
(c) youth allowance;
is
in severe financial hardship if the value of the person’s liquid assets (within the meaning of subsection 14A(1)) is less than the fortnightly amount at the maximum payment rate of the allowance that would be payable to the person if the person’s claim were granted.Note: For
maximum payment rate see subsection (8).
Meaning of in severe financial hardship :person who is a member of a couple
(3) A member of a couple who makes a claim for one of the following allowances:
(a) newstart allowance;
(b) sickness allowance;
(c) youth allowance;
is
in severe financial hardship if the value of the couple’s liquid assets (within the meaning of subsections 14A(1) and (2)) is less than twice the fortnightly amount at the maximum payment rate of the allowance that would be paid to the person if the person’s claim were granted.Note: For
maximum payment rate see subsection (8).
Meaning of unavoidable or reasonable expenditure
(4)
Unavoidable or reasonable expenditure , in relation to a person who is serving a liquid assets test waiting period, includes, but is not limited to, the following expenditure:
(a) the reasonable costs of living the person is taken, under subsection (6) or (7), to have incurred in respect of so much of the period that the person has already served;
(b) the costs of repairs to, or replacement of, essential whitegoods situated in the person’s home;
(c) school expenses;
(d) funeral expenses;
(e) essential expenses arising on the birth of the person’s child or the adoption of a child by the person;
(f) expenditure to buy replacement essential household goods because of loss of those goods through theft or natural disaster when the cost of replacement is not the subject of an insurance policy;
(g) the costs of essential repairs to the person’s car or home;
(h) premiums in respect of vehicle or home insurance;
(i) expenses in respect of vehicle registration;
(j) essential medical expenses;
(k) any other costs that the Secretary determines are unavoidable or reasonable expenditure in the circumstances in relation to a person.
However,
unavoidable or reasonable expenditure does not include any reasonable costs of living other than those referred to in paragraph (a).
Meaning of reasonable costs of living
(5) The
reasonable costs of living of a person include, but are not limited to, the following costs:
(a) food costs;
(b) rent or mortgage payments;
(c) regular medical expenses;
(d) rates, water and sewerage payments;
(e) gas, electricity and telephone bills;
(f) costs of petrol for the person’s vehicle;
(g) public transport costs;
(h) any other cost that the Secretary determines is a reasonable cost of living in relation to a person.
What is the amount of reasonable costs of living a person who is not a member of a couple is taken to have incurred during a liquid assets test waiting period?
(6) For the purposes of paragraph (4)(a), the amount of reasonable
costs of living that a person who:
(a) is not a member of a couple; and
(b) is serving a liquid assets test waiting period;
is taken to have incurred, may not exceed the amount of the allowance that would have been payable to the person during that part of the waiting period that the person has already served, if the person were not subject to the period.
What is the amount of reasonable costs of living a person who is a member of a couple is taken to have incurred during a liquid assets test waiting period?
(7) For the purposes of paragraph (4)(a), the amount of reasonable
costs of living that a person who:
(a) is a member of a couple; and
(b) is serving a liquid assets test waiting period;
is taken to have incurred, may not exceed twice the amount of the allowance that would have been payable to the person during that part of the waiting period that the person has already served, if the person were not subject to the period.
Meaning of maximum payment rate
(8) For the purposes of subsection (3),
maximum payment rate :
(a) in relation to sickness allowance—means the rate worked out at Step 4 of the Method statement in Module A of the applicable rate calculator; or
(b) in relation to newstart allowance—means the rate worked out at Step 4 of the Method statement in Module A of the applicable rate calculator; or
(c) in relation to youth allowance—means the youth allowance rate.
Note 1: The Sickness Benefit Rate Calculator, Benefit Rate Calculator A and Benefit Rate Calculator B apply to the calculation of sickness allowance depending on the circumstances of the person claiming the allowance.
Note 2: Benefit Rate Calculator A (under 18) and Benefit Rate Calculator B (over 18) apply to the calculation of newstart allowance.
Meaning of youth allowance and youth allowance rate
(9) In this section:
youth allowance means:
(a) if this Act makes provision for the payment of an allowance called youth allowance—that allowance; or
(b) if paragraph (a) does not apply—youth training allowance under Part 8 of the
Student and Youth Assistance Act 1973 .
youth allowance rate means:
(a) if this Act makes provision for the payment of an allowance called youth allowance—the maximum payment rate in relation to that allowance; or
(b) if paragraph (a) does not apply—the rate worked out at Step 4 of Module A of Schedule 1 to the
Student and Youth Assistance Act 1973 .
Secretary to give notice of determination
(10) If the Secretary makes a determination in relation to a person under paragraph (4)(k) or paragraph (5)(h), the Secretary must give written notice of the determination to the person.
Note: The heading to section 19B is altered by omitting “
provisions ” and substituting “(Carer payment and Family payment) ”.
Repeal the subsection, substitute:
(5) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while serving a liquid assets test waiting period, the Secretary may determine that the person does not have to serve the whole, or any part, of the waiting period.
Note 1: For
in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and 19C(3) (person who is a member of a couple).Note 2: For
unavoidable or reasonable expenditure see subsection 19C(4).
Omit “would suffer severe financial hardship if the person were subject to the ordinary waiting period”, substitute “is in severe financial hardship”.
Add:
Note 9: For
in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).
Repeal the subsection, substitute:
(7) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while serving a liquid assets test waiting period, the Secretary may determine that the person does not have to serve the whole, or any part, of the waiting period.
Note 1: For
in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).Note 2: For
unavoidable or reasonable expenditure see subsection 19C(4).
Omit “would suffer severe financial hardship if the person were subject to the ordinary waiting period”, substitute “is in severe financial hardship”.
Add:
Note 5: For
in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and 19C(3) (person who is a member of a couple).
The following item has effect if, and only if, Part 8 of the
Student and Youth Assistance Act 1973 is in force on 1 July 1998.
Repeal the subsection, substitute:
(11) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while serving a liquid assets test waiting period, the Secretary may determine that the person does not have to serve the whole, or any part, of the waiting period.
Note 1: For
in severe financial hardship see subsection 19C(2) of the Social Security Act (person who is not a member of a couple) and subsection 19C(3) of the Social Security Act (person who is a member of a couple)Note 2: For
unavoidable or reasonable expenditure see subsection 19C(4) of the Social Security Act.Note: The heading to subsection 72(11) is replaced by the heading “
Secretary may determine that a person does not have to serve a waiting period ”.
The following item has effect if, and only if, Schedule 1 of the
Student and Youth Assistance Act 1973 is in force on 1 July 1999.
Repeal the point, substitute:
G6G If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while an income maintenance period applies to the person, the Secretary may determine that the whole, or any part, of the period does not apply to the person.
Note 1: For
in severe financial hardship see subsection 19C(2) of the Social Security Act(person who is not a member of a couple) and subsection 19C(3) of the Social Security Act(person who is a member of a couple).Note 2: For
unavoidable or reasonable expenditure see subsection 19C(4) of the Social Security Act.Note 3: If an income maintenance period applies to a person, then, during that period:
(a) the allowance claimed may not be payable to the person; or
(b) the amount of the allowance payable to the person may be reduced.
Add:
(3) A person is also a disadvantaged person within the meaning of this section if all of the following conditions are satisfied:
(a) the person is a young person within the meaning of the
Social Security Act 1991 ;(b) the person:
(i) has a physical, intellectual or psychiatric disability; and
(ii) is likely to suffer from the disability permanently or for an extended period;
(c) because of that disability, the person needs on a daily basis a level of care and attention that is substantially more than that needed by a young person of the same age who does not have a physical, intellectual or psychiatric disability;
(d) family allowance is payable, or would (but for a provision of the
Social Security Act 1991 , or a reason, referred to in paragraph 953(b) of that Act) be, payable to another person (FA recipient ) in respect of the person;(e) the person receives care and attention on a daily basis from:
(i) the FA recipient; or
(ii) if the FA recipient is a member of a couple—the FA recipient or his or her partner;
in a private home that is the residence of the FA recipient and the person.
Note: The heading to section 4CA is altered by omitting “
attracting child disability allowance ” and substituting “suffering from certain disabilities ”.
Omit “4 weeks”, substitute “8 weeks”.
Omit “4 weeks”, substitute “8 weeks”.
4
Subsection 5B(12) (definition of allowable income ) Omit “4 weeks”, substitute “8 weeks”.
5
Subsection 5B(12) (paragraph (a) of the definition of allowable income ) Omit “4 times”, substitute “8 times”.
6
Subsection 5B(12) (paragraph (b) of the definition of allowable income ) Omit “four times”, substitute “8 times”.
7
Subsection 5B(12) (definition of prescribed period ) Omit “4 weeks”, substitute “8 weeks”.
Omit “4 weeks”, substitute “8 weeks”.
The amendments made by items 2 to 8 of this Schedule apply in relation to applications under section 5B of the
Health Insurance Act 1973 lodged on or after the commencement of this Schedule.
1 Subsection 3(1) (paragraph (a) of the definition of assistance agency ) Omit “Human Services and Health”, substitute “Health and Family Services”.
2 Subsection 3(1) (paragraph (c) of the definition of personal assistance ) Repeal the paragraph, substitute:
(c) a social security payment within the meaning of the
Social Security Act 1991 ; or(ca) formal training allowance dealt with by the Department of Social Security or by the Services Delivery Agency; or
3 Subsection 3(1) (after paragraph (da) of the definition of personal assistance ) Insert:
or (db) a payment of fee relief under the
Child Care Act 1972 or any other payment known as Childcare assistance (fee relief) dealt with by the Department of Social Security or by the Services Delivery Agency; or(dc) child care assistance or child care rebate under the
Child Care Payments Act 1997 ;
Omit “must not”, substitute “may”.
Omit “must not”, substitute “may”.
Repeal the section, substitute:
Data may be transferred between agencies in the data matching program by on‑line computer connections.
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