Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994 (Cth)
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The Parliament of Australia enacts:
(a) as set out in Part 1 of Schedule 4; and
(b) as set out in Part 2 of Schedule 4.
(a) as set out in Part 1 of Schedule 5; and
(a) the definition of "social security recipient status" in subsection 23(1) were omitted and the following definition substituted:
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'social security recipient status', for the purposes of the definition of 'long-term social security recipient', means status as:(a) a recipient of a social security pension, a social security benefit or a service pension; or
(b) a benefit increase partner;"; and
(b) subsection 4(10) and Module C of Benefit Rate Calculator A or B of the Principal Act, as in force immediately before 20 September 1994, had not been amended by the
Social Security (Home Child Care and Partner Allowances) Legislation Amendment Act 1994.
(a) the definition of "social security recipient status" in subsection 23(1) were omitted and the following definition substituted:
"
'social security recipient status', for the purposes of the definition of 'long-term social security recipient', means status as:(a) a recipient of a social security pension, a social security benefit or a service pension; or
(b) a benefit increase partner;"; and
(b) subsection 4(10) and Module C of Benefit Rate Calculator A or B of the Principal Act, as in force immediately before 20 September 1994, had not been amended by the
Social Security (Home Child Care and Partner Allowances) Legislation Amendment Act 1994.
AMENDMENTS RELATING TO PARENTING ALLOWANCE
Repeal the Part, substitute:
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"901. Subject to sections 902 to 904, a parenting allowance child is a child who:
(a) has not turned 16; and
(b) is a dependent child of a person.
Note: For 'dependent child' see subsections 5(2) to (9).
"902.(1) If a dependent child:
(a) leaves Australia temporarily; and
(b) continues to be absent from Australia for more than 13 weeks;
the child cannot be a parenting allowance child at any time after the 13 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.
"903. If a dependent child:
(a) is born outside Australia; and
(b) continues to be absent from Australia for more than 13 weeks;
the child cannot be a parenting allowance child at any time after the 13 weeks while the child remains absent from Australia.
"904. If:
(a) a dependent child is not a parenting allowance child because of section 902 or 903, or because of a previous application of this section; and
(b) the child comes to Australia; and
(c) the child leaves Australia less than 13 weeks later;
the child cannot be a parenting allowance child when the child leaves Australia as mentioned in paragraph (c).
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"905. A person is qualified for parenting allowance if the person:
(a) is a member of a couple; and
(b) has at least one parenting allowance child; and
(c) is an Australian resident, or has a qualifying residence exemption for parenting allowance; and
(d) is in Australia, or satisfies the requirements of section 906.
Note 1: See section 4 for whether a person is a member of a couple.
Note 2: For 'Australian resident' and 'qualifying residence exemption' see section 7.
"906.(1) Subject to subsection (3), for the purposes of paragraph 905(d), 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 13 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 13 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 13 weeks later; the person is taken, for the purposes of paragraph 905(d), not to satisfy the requirements of this section when the person leaves Australia as mentioned in paragraph (c).
"907. A person is not qualified for parenting allowance 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).
"908.(1) If:
(a) a person has claimed but has not yet received parenting allowance; and
(b) when the claim was lodged, the person was unemployed;
the person is not qualified for parenting allowance unless the Secretary is satisfied that the person's unemployment is not due to the person being, or having been, engaged in industrial action or a series of industrial actions.
"(2) For the purposes of subsection (1) and without limiting that subsection, a person is taken not to be, or to have been, engaged in industrial action or a series of industrial actions if the Secretary is satisfied that the person's unemployment is due to other people being, or having been, engaged in industrial action or in a series of industrial actions, and that:
(a) if industrial action is still being engaged in:
(i) the people, or some of the people, 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 person 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, the people, or some of the people, were members of a trade union that was involved in the industrial action; and
(ii) the person 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 allowance on a payday that occurs after the relevant industrial action or series of industrial actions has stopped.
Note: For 'industrial action', 'trade union' and 'unemployment' see section 16.
"
"909.(1) Even though a person is qualified for parenting allowance, the allowance may not be payable to the person because:
(a) the allowance has not commenced to be payable (see sections 910 and 938); or
(b) the person has not provided a tax file number for the person (see sections 912, 932 and 948) or for the person's partner (see sections 913, 933 and 949); or
(c) another person is receiving parenting allowance in respect of the same child (see section 914); or
(d) the person's partner is receiving parenting allowance (see section 915); or
(e) a social security benefit or a Youth Training Allowance is payable to the person (see section 916); or
(f) the person is receiving a payment under certain educational schemes (see section 917); 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 918); or
(h) the person is receiving payments under a LEAP program (see section 919); or
(i) the person is subject to a newly arrived resident's waiting period (see section 920); or
(j) the person is subject to an unused annual leave waiting period (see section 923); or
(k) the person is subject to a non-payment period for job search allowance or newstart allowance (see section 926); or
(l) the person has not nominated a bank, credit union or building society account for payment of the allowance (see section 943); or
(m) the person is in gaol (see Part 3.13); or
(n) the person is subject to a compensation preclusion period (see Part 3.14).
"(2) Subject to subsection (3), a parenting allowance is not payable to a person if the person's parenting allowance 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 VILA of the Veterans' Entitlements Act.
"910. A parenting allowance is not payable to a person before the person's provisional commencement day (identified under section 911).
"911.(1) Subject to subsections (2) to (7), a person's
"(2) If a person claims parenting allowance within 4 weeks after becoming qualified for parenting allowance, the person's provisional commencement day is the day on which he or she became qualified.
(a) a person makes a claim (the
'initial claim' ) for:(i) a social security or service pension or a social security benefit (other than parenting 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 a parenting allowance; and
(b) on the day on which the person makes the initial claim, the person is qualified for parenting allowance; and
(c) the person subsequently makes a claim for parenting allowance; 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.
"(4) If:
(a) a person lodges a claim for parenting allowance; and
(b) the person is not, on the day on which the claim is lodged, qualified for parenting allowance; and
(c) the person becomes qualified for parenting allowance during the period of 13 weeks that starts immediately after that day;
the person's provisional commencement day is the first day on which the person is qualified for parenting allowance.
"(5) If a person is not required to make a claim for parenting allowance because of subsection 927(3), the person's provisional commencement day is the day on which the person becomes qualified for parenting allowance.
"(6) 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 a parenting allowance within 14 days of claiming the disaster relief payment;
the person's provisional commencement day is the day on which the person was affected by the disaster.
"(7) If:
(a) a person is a transferee to parenting allowance; and
(b) the person claims parenting allowance within 14 days after the transfer day;
the person's provisional commencement day is the person's transfer day.
Note: For 'transferee' and 'transfer day' see subsections 23(6) and (7).
"912.(1) A parenting allowance is not payable to a person if:
(a) the person is requested under section 932 or 948 to:
(i) give the Secretary a written statement of the person's tax file number; or
(ii) apply for a tax file number and 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 a declaration by the person in a form approved by the Secretary and satisfied either subsection (2) or (3).
"(2) The person satisfies this subsection if:
(a) the person's declaration states that the person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform him or her of the 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.
"913.(1) Subject to subsection (4), a parenting allowance is not payable to a person if:
(a) the person is requested under section 933 or 949 to give the Secretary a written statement of the tax file number of the person's partner; 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 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 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 requirement 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)(b)(ii).
"914.(1) Subject to subsection (2), if one person is receiving parenting allowance in relation to a child, parenting allowance is not payable to any other person in relation to that child.
"(2) If:
(a) more than one person qualifies for parenting allowance in relation to the same child; and
(b) more than one of them has claimed parenting allowance in relation to the child (whether or not one of them is receiving parenting allowance in relation to the child);
the Secretary must:
(c) make a written determination specifying one of them as the person to whom parenting allowance is payable in relation to the child; and
(d) give a copy of the determination to each person who has claimed parenting allowance in relation to the child.
"(3) Parenting allowance is not payable, in relation to that child, to any person other than the person specified in the determination.
"915.(1) Subject to subsection (2), if one member of a couple is receiving parenting allowance, parenting allowance is not payable to the other member of the couple.
"(2) If:
(a) both members of a couple are qualified for parenting allowance; and
(b) both of them have claimed parenting allowance (whether or not one of them is receiving parenting allowance);
the Secretary must:
(c) make a written determination specifying one of them as the member of the couple to whom parenting allowance is payable; and
(d) give a copy of the determination to both of them.
"(3) Parenting allowance is not payable to the member of the couple not specified in the determination.
"916.(1) Parenting allowance is not payable to a person if the person is already receiving a social security benefit or a Youth Training Allowance.
"(2) Subject to subsection (3), if:
(a) a person is receiving parenting allowance; and
(b) a social security benefit or a Youth Training Allowance becomes payable to the person;
parenting allowance 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 the parenting allowance ceases to be payable see section 951B.
Note 3: For 'Youth Training Allowance' see subsection 23(1).
"(3) This section does not apply in relation to a social security benefit:
(a) that is payable to an armed services widow; and
(b) in relation to which subsection 1068(3) applies.
Note: For 'armed services widow' see subsection 4(1).
"917. A parenting allowance is not payable to a 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.
"918. A parenting allowance 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).
"919. A parenting allowance is not payable to a person if the person is receiving payments under a LEAP program.
Note: For 'LEAP program' see subsection 23(1).
"920. A parenting allowance is not payable to a person if:
(a) the person is subject to a newly arrived resident's waiting period (see section 921); and
(b) that period has not ended (see section 922).
"921.(1) Subject to this section, a person who:
(a) has entered Australia on or after 1 January 1993; and
(b) holds a permanent visa;
is subject to a newly arrived resident's waiting period.
Note: For 'holder' and 'permanent visa' see subsection 7(1).
"(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a parenting allowance.
Note: For 'qualifying residence exemption' see subsection 7(6).
"(3) Subsection (1) does not apply to a person:
(a) if, immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period of at least 26 weeks; or
(b) if:
(i) immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period (the
'permit period' ) of less than 26 weeks; and(ii) that permit was continued in force as a temporary visa by regulations made under the
Migration Reform Act 1992 ; and(iii) the period during which that permit continued to be in force as a temporary visa together with the permit period is at least 26 weeks.
Note: For 'designated temporary entry permit' see subsection 7(1).
"(4) Subsection (1) does not apply to a person if:
(a) the person was a member of a couple immediately before entering Australia; and
(b) the person's partner had been an Australian resident for at least 26 weeks when the person entered Australia.
Note: For 'Australian resident' see subsection 7(2).
"(5) Subsection (1) does not apply to a person if: (a) the person is already subject to a newly arrived resident's waiting period; or
(b) the person has already served a newly arrived resident's waiting period; or
(c) the person:
(i) has previously entered Australia; and
(ii) held a permanent entry permit granted under the
Migration Act 1958 as then in force, or a permanent visa, before the person's last departure from Australia.
"922.(1) If a person is subject to a newly arrived resident's waiting period, the period starts on the day on which the person's permanent visa comes into force and ends on the day worked out under subsection (2) or (3).
"(2) If:
(a) immediately before this section commenced, the person held a valid designated temporary entry permit; and
(b) that permit was continued in force as a temporary visa by regulations made under the
Migration Reform Act 1992 ; and(c) that temporary visa was in force immediately before the person was granted his or her permanent visa;
the newly arrived resident's waiting period ends 26 weeks after the day on which the designated temporary entry permit was granted to the person.
Note: For 'designated temporary entry permit' see subsection 7(1).
"(3) If subsection (2) does not apply, the newly arrived resident's waiting period ends 26 weeks after the day on which the person was granted his or her permanent visa.
"923. A parenting allowance is not payable to a person if:
(a) the person is subject to an unused annual leave waiting period (see section 924); and
(b) that period has not ended (see section 925).
"924.(1) A person is subject to an unused annual leave waiting period if:
(a) the person's employment with an employer has ended; and
(b) when that employment ended, the person became entitled to receive a payment for unused annual leave; and
(c) the person's provisional commencement day occurs within the notional leave period.
Note 1: For 'unused annual leave' see subsection 23(1).
Note 2: For the person's provisional commencement day see section 911.
"(2) A person's notional leave period is the period that:
(a) starts on the day after the day on which the person's employment ended; and
(b) runs for the number of days for which the person has unused annual leave as worked out under subsections (3) and (4).
"(3) Subject to subsection (4), the number of days for which the person has unused annual leave is worked out as follows:
(a) if the period of unused annual leave is expressed in weeks—multiply by 7 the number of weeks (including fractions of weeks) in the period of unused annual leave and disregard any fraction that results;
(b) otherwise—multiply by 7 the number of working weeks (including any fraction of a working week) represented by the period of unused annual leave and disregard any fraction that results.
"(4) The number of days for which a person has unused annual leave cannot exceed 28 days.
"925. A person's unused annual leave waiting period starts on the person's provisional commencement day and finishes on the last day of the notional leave period.
Note 1: For the person's provisional commencement day see section 911.
Note 2: For the notional leave period see section 924.
"926.(1) A parenting allowance is not payable to a person if:
(a) a period of non-payment of job search allowance has been applied to the person under paragraph 526(1)(j), or a period of non-payment of newstart allowance has been applied to the person under paragraph 608(1)(j); and
(b) that period has not ended.
"(2) This section does not apply in relation to a particular period of non-payment if the Secretary is satisfied that it should not so apply.
"
"927.(1) Subject to subsection (3), a person who wants to be granted a parenting allowance must make a proper claim for that allowance.
Note: For 'proper claim' see section 928 (form), section 929 (manner of lodgment) and section 930 (residence / presence in Australia).
"(2) For the purposes of subsection (1), if:
(a) a claim for parenting allowance 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 parenting allowance; and
(c) subsection 911(4) does not apply to the claim;
the claim is to be taken to have not been made.
"(3) A person does not have to make a claim for a parenting allowance if:
(a) the person is receiving a partner allowance; and
(b) the person becomes qualified for a parenting allowance because the person becomes a person who has at least one parenting allowance child.
Note: For 'parenting allowance child' see sections 901 to 904.
"928. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.
"929.(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) A place or person approved under subsection (1) must be a place or person in Australia.
"930. A claim by a person is not a proper claim unless the person: (a) is an Australian resident, or has a qualifying residence exemption for parenting allowance; and
(b) is in Australia;
on the day on which the claim is lodged.
Note: For 'Australian resident' and 'qualifying residence exemption' see section 7.
"931.(1) A claimant for parenting allowance or a person on behalf of a claimant may withdraw a claim 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.
"932.(1) The Secretary may request but not compel a claimant for parenting allowance:
(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) A parenting allowance is not payable to a claimant if, at the end of the period of 28 days after the 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 to the Commissioner of Taxation to give the Secretary certain information about the claimant's tax file number (see subsections 912(2) and (3)).
"933.(1) The Secretary may request but not compel a claimant for parenting allowance to give the Secretary a written statement of the tax file number of the claimant's partner if the partner is in Australia.
"(2) A parenting allowance is not payable to a claimant if, at the end of the period of 28 days after the 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 913(2) and (3)).
Note 2: The Secretary can waive the requirement in some cases (see subsection 913(4)).
"
"934. The Secretary must, in accordance with this Act, determine the claim.
"935. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for a parenting allowance; and
(b) the allowance is payable.
"936.(1) Subject to subsections (2), (3) and (4), a determination under section 935 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.
(a) a decision (the
'previous decision' ) is made rejecting a person's claim for parenting allowance; 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 3 months 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.
"(3) If:
(a) a decision (the
'previous decision' ) is made rejecting a person's claim for parenting allowance; 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 3 months 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.
"(4) If:
(a) a decision (the
'previous decision' ) is made rejecting a person's claim for parenting allowance; and(b) no 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 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.
"
"937. A person's parenting allowance rate is worked out using the Parenting Allowance Rate Calculator at the end of section 1068A.
"
"938. Parenting allowance becomes payable to a person on the first day on which:
(a) the person is qualified for the allowance; and
(b) no provision of this Act makes the allowance not payable to the person.
Note 1: For qualification see section 905.
Note 2: For circumstances in which a parenting allowance is not payable see section 909.
"939. Subject to section 940, a full instalment of parenting allowance is payable to a person on each parenting allowance payday on which:
(a) the person is qualified for the allowance; and
(b) the allowance is payable to the person.
Note: For 'parenting allowance payday' see subsection 23(1).
"940. If:
(a) a person claims parenting allowance 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 allowance payday on or after the provisional commencement day and before the claim day;
then:
(d) no instalment of parenting allowance is payable on that payday; and
(e) a full instalment in respect of that payday is payable on the first parenting allowance payday on or after the claim day.
Note 1: For 'provisional commencement day' see section 911.
Note 2: For 'parenting allowance payday' see subsection 23(1).
"941.(1) The amount of an instalment of parenting allowance is the fortnightly rate of the allowance.
"(2) If an amount that is payable to a person on a parenting allowance payday is not a multiple of 10 cents, the amount is, subject to subsection (3), to be increased or decreased to the nearest multiple of 10 cents.
"(3) If an amount that is payable to a person on a parenting allowance payday is not a multiple of 10 cents but is a multiple of 5 cents, the amount is to be increased by 5 cents.
"(4) If:
(a) an amount of pharmaceutical allowance is added to a person's provisional rate of parenting allowance in working out the amount of an instalment of parenting allowance; and
(b) apart from this subsection, the amount of the instalment would be less than that amount of pharmaceutical allowance; the amount of the instalment is to be increased to that amount of pharmaceutical allowance.
Note: For the provisional rate of parenting allowance see Step 3 of point 1068A-A3 of the Parenting Allowance Rate Calculator at the end of section 1068A.
"(5) If, apart from this subsection, the amount of an instalment would be less than $1.00, the amount is to be increased to $1.00.
"942.(1) Subject to subsection (3), instalments of a person's parenting allowance are to be paid to that person.
"(2) The Secretary may direct that the whole or part of the instalments of a person's parenting allowance 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.
"943.(1) An amount that is to be paid to a person under section 942 is to be paid in the way 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) If the person has not nominated an account for the purposes of subsection (2), then, subject to subsections (5) and (7), the amount is not to be paid.
"(5) If:
(a) an amount has not been paid because of subsection (4); and
(b) the person nominates an account for the purposes of subsection (2); the amount is to be paid under subsection (2).
"(6) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).
"(7) If the Secretary gives a direction under subsection (6), the amount is to be paid in accordance with the direction.
"944. If the Secretary is satisfied that an amount of parenting allowance that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.
"945.(1) If:
(a) parenting allowance is payable to a person; and
(b) the person dies; and
(c) at the date of the person's death the person had not received an amount of parenting allowance payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special circumstances;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
"(2) If the Secretary pays an amount of parenting allowance under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of parenting allowance.
"
"946.(1) Subject to subsections (2) and (3) and section 1359, parenting allowance is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
"(2) The Secretary may make deductions from the instalments of parenting allowance payable to a person if 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.
"(3) The Secretary may make deductions from the instalments of parenting allowance payable to a person if the recipient consents under section 1234A to the Secretary making the deductions.
Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.
"947.(1) If:
(a) a person has an account with a financial institution; and
(b) instalments of parenting allowance payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
"(2) The saved amount is worked out as follows:
Work out the total amount of parenting allowance payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force. | |
Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the | |
"(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
Note: A person affected by a garnishee order may have other saved amounts if the person receives telephone allowance (see section 1061X).
"
"948.(1) The Secretary may request but not compel a recipient of parenting allowance:
(a) if the recipient has a tax file number—to give the Secretary a written statement of the recipient's tax file number; or
(b) if the recipient 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 recipient's tax file number after the Commissioner of Taxation has issued it.
"(2) A parenting allowance is not payable to a recipient if, at the end of the period of 28 days after the request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient 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 to the Commissioner of Taxation to give the Secretary certain information about the recipient's tax file number (see subsections 912(2) and (3)).
"949.(1) The Secretary may request but not compel a recipient of parenting allowance to give the Secretary a written statement of the tax file number of the recipient's partner if the partner is in Australia.
"(2) A parenting allowance is not payable to a recipient if, at the end of the period of 28 days after the request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient 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 913(2) and (3)).
Note 2: The Secretary can waive the requirement in some cases (see subsection 913(4)).
"950.(1) The Secretary may give a person to whom a parenting allowance is being paid a notice that requires the person to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
"(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the allowance.
"(3) Subject to subsection (4), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is a recipient notification notice given under this Act.
Note: For 'recipient notification notice' see subsection 23(1).
"(4) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).
"(5) Subject to subsections (6) and (7), the period specified under paragraph (3)(d) must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
"(6) If a notice requires the person to inform the Department of any proposal by the person to leave Australia, subsection (5) does not apply to that requirement.
"(7) If the notice requires information about receipt of a compensation payment, the period specified under paragraph (3)(d) in relation to that information must end at least 7 days after the day on which the person becomes aware that he or she has received or is to receive a compensation payment.
"(8) A person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: Imprisonment for 6 months.
Note: Subsections 4B(2) and(3) of the
"(9) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
"951.(1) The Secretary may give a person to whom a parenting allowance is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the allowance to the person.
"(2) Subject to subsection (3), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the person is to give the statement to the Department; and
(e) must specify that the notice is a recipient statement notice given under this Act.
Note: For 'recipient statement notice' see subsection 23(1).
"(3) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).
"(4) The period specified under paragraph (2)(d) must end at least 14 days after the day on which the notice is given.
"(5) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
"(6) A person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: Imprisonment for 6 months.
Note: Subsections 4B(2) and(3) of the
Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.
"(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
"
"
"951A.(1) A determination that:
(a) a person's claim for parenting allowance is to be granted; or
(b) parenting allowance is payable to a person; continues in effect until:
(c) the allowance ceases to be payable under section 95 IB, 951C, 95 ID or 95 IE; or
(d) a further determination in relation to the allowance under section 95IP or 951Q has taken effect.
Note 1: A determination to grant a claim for parenting allowance is made under section 935.
Note 2: A determination that parenting allowance is payable to a person is necessary where the determination is to reverse an earlier determination to cancel or suspend the allowance (see section 951S).
Note 3: If changes are made to a person's parenting allowance payments because of the operation of a computer program, a determination is taken to have been made in certain circumstances (see section 951R).
"(2) A determination of the rate of a parenting allowance continues in effect until:
(a) the allowance becomes payable at a lower rate under sections 951G, 951H, 951J or 951K; or
(b) a further determination in relation to the allowance under section 951M or 95 IN has taken effect.
Note: For paragraph (b) see also section 951R.
"
"951B. If:
(a) a person is receiving parenting allowance; and
(b) a social security benefit or a youth training allowance becomes payable to the person;
the allowance ceases to be payable to the person immediately before the day on which the benefit becomes payable to the person.
"951C. If:
(a) a person who is receiving parenting allowance is given a notice under section 950; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (the
'notification period' ); and(c) the event or change in circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance would, apart from this section, cease to be payable to the person; and
(f) the allowance is not cancelled before the end of the notification period;
the allowance continues to be payable to the person until the end of the notification period and then ceases to be payable to the person.
Note: If the person informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person's allowance, there is no automatic rate reduction and a determination under section 951N must be made in order to bring the rate reduction into effect.
"951D. If:
(a) a person who is receiving parenting allowance is given a notice under section 950; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (the
'notification period' ); and(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance ceases to be payable to the person;
the allowance ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs.
"951E.(1) If:
(a) a person who is receiving parenting allowance is given a notice under section 951 requiring the person to give the Department a statement; and
(b) the notice relates to the payment of the allowance during a period specified in the notice; and
(c) the person does not comply with the notice;
the allowance, subject to subsection (2), ceases to be payable to the person as from the first day in that period.
"(2) If the Secretary is satisfied that, in the special circumstances of the case, it is appropriate to do so, the Secretary may determine in writing that subsection (1) does not apply to the person from a day specified in the determination.
"(3) The day specified under subsection (2) may be before or after the making of the determination.
"951F. If:
(a) a person is receiving parenting allowance on the basis of data in a computer; and
(b) the allowance is automatically terminated by the operation of a provision of this Act; and
(c) the automatic termination is given effect to by the operation of a computer program approved by the Secretary stopping payment of the allowance;
there is taken to be a decision by the Secretary that the automatic termination provision applies to the person's allowance.
Note: The decision that is taken to have been made is a decision of an officer for the purposes of review by the Secretary (see sections 1239 and 1240) and the Social Security Appeals Tribunal (see section 1247).
"
"951G. If:
(a) a person who is receiving parenting allowance is given a notice under section 950; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (the
'notification period' ); and(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances, the person's rate of allowance is to be reduced;
the allowance becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstances occurs.
"951H. If:
(a) a person who is receiving parenting allowance is given a notice under section 950; and
(b) the notice requires the person to inform the Department of income for remunerative work undertaken by the person or the person's partner; and
(c) the person fails to notify the Department of income of that kind in accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of Division 5 of Part 3.10;
the allowance becomes payable to the person at the reduced rate from the first payday after the day on which the person's earnings credit account balance is reduced to nil.
"951J. If:
(a) a person is receiving parenting allowance at a rate that exceeds the maximum basic component of parenting allowance; and
(b) as a result of a social security pension or a service pension becoming payable to the person, the person's rate of parenting allowance is reduced;
the allowance becomes payable to the person at the reduced rate immediately before the day on which the social security pension or service pension becomes payable to the person.
Note: For the maximum basic component of parenting allowance see point 1068A-B6 of the Parenting Allowance Rate Calculator at the end of section 1068A.
"951K. If:
(a) a person is receiving parenting allowance at a rate that exceeds the maximum basic component of parenting allowance; and
(b) as a result of an AUSTUDY allowance that includes a dependent spouse allowance becoming payable to the person's partner, the person's rate of parenting allowance is reduced;
the allowance becomes payable to the person at the reduced rate immediately before the day on which the AUSTUDY allowance that includes a dependent spouse allowance becomes payable to the person's partner.
Note: For the maximum basic component of parenting allowance see point 1068A-B6 of the Parenting Allowance Rate Calculator at the end of section 1068A.
"951L. If:
(a) a person is receiving parenting allowance on the basis of data in a computer; and
(b) the allowance rate is automatically reduced by the operation of a provision of this Act; and
(c) the automatic reduction is given effect to by the operation of a computer program approved by the Secretary reducing the rate of payment of the allowance;
(i) is receiving benefit parenting allowance; and
(ii) is a long-term social security recipient; and
(c) the person has not, within the last 12 months, received a payment under this Part.
Note 1: For 'long-term social security recipient' see subsection 23(1).
Note 2: For 'benefit parenting allowance' see subsection 23(1).
Note 3: Transitional provisions apply to this section for 3 months after 1 July 1995 (see section 12 of the
Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994 ).
"665ZV. The amount of an education entry payment under section 665ZU is $200.00.
"665ZW. A person is not qualified for an education entry payment under section 665ZU unless:
(a) the person makes a claim for the payment; and
(b) the claim is in writing and in a form approved by the Secretary.
"665ZX.(1) A claimant for an education entry payment under this Division, or a person on behalf of a claimant, may withdraw a claim that has not been determined.
"(2) A claim that is withdrawn is taken not to have been made.
"(3) A withdrawal may be made orally or in writing.".
AMENDMENTS RELATING TO THE PHASING OUT OF WIFE PENSION, SPECIAL NEEDS WIFE PENSION AND MATURE AGE PARTNER ALLOWANCE
Insert in Part 2.4:
"
"146V.(1) In spite of any other provision of this Part, other than section 183, a woman is not to be granted a wife pension unless:
(a) her claim for the pension is lodged on or before 30 June 1995; and
(b) she qualifies for the pension on or before 30 June 1995.
"(2) For the purposes of paragraph (1)(a), if subsection 150(2) applies, the woman is taken to have lodged her claim on the day on which she makes her initial claim.
"(3) In subsection (2):
Omit the subsection.
Repeal the section.
Add at the end:
"(3) If:
(a) a woman is receiving a wife pension; and
(b) her partner's age pension, disability support pension, disability wage supplement or rehabilitation allowance is suspended by the Secretary under this Act; and
(c) the Secretary suspends her wife pension under section 182 as a result of the suspension referred to in paragraph (b); and
(d) her partner subsequently commences receiving the pension, supplement or allowance that was suspended; and
(e) the Secretary becomes satisfied that:
(i) she did not receive a wife pension that was payable to her; or
(ii) she is not receiving a wife pension that is payable to her; the Secretary is to determine that a wife pension was or is payable to the woman.".
Insert in Part 2.16:
"
"771P.(1) In spite of any other provision of this Part, other than section 819, a woman is not to be granted a special needs wife pension unless:
(a) her claim for the pension is lodged on or before 30 June 1995; and
(b) she qualifies for the pension on or before 30 June 1995.
"(2) For the purposes of paragraph (1)(a), if subsection 784(2) applies, the woman is taken to have lodged her claim on the day on which she makes her initial claim.
"(3) In subsection (2):
Add at the end:
"(3) If:
(a) a woman is receiving a special needs wife pension; and
(b) her partner's special needs age pension or special needs disability support pension is suspended by the Secretary under this Act; and
(c) the Secretary suspends her special needs wife pension under section 818 as a result of the suspension referred to in paragraph (b); and
(d) her partner subsequently commences receiving the pension that was suspended; and
(e) the Secretary becomes satisfied that:
(i) she did not receive a special needs wife pension that was payable to her; or
(ii) she is not receiving a special needs wife pension that is payable to her;
the Secretary is to determine that a special needs wife pension was or is payable to the woman.".
Omit the section, substitute:
"660XAB.(1) In spite of any other provision of this Part, other than section 660XJO, a person is not to be granted a mature age allowance unless the person's claim for the allowance is lodged on or before 30 June 1996.
"(2) In spite of any other provision of this Part, other than section 660XJO, a person is not to be granted a mature age partner allowance unless:
(a) the person's claim for the allowance is lodged on or before 30 June 1995;and
(b) the person qualifies for the allowance on or before 30 June 1995.
"(3) For the purposes of paragraph (2)(a), if subsection 660XCK(2) applies, the person is taken to have lodged his or her claim on the day on which the person makes his or her initial claim.
"(4) In subsection (3):
Add at the end:
"(3) If:
(a) a person is receiving a mature age partner allowance; and
(b) the person's partner's mature age allowance is suspended by the Secretary under this Act; and
(c) the Secretary suspends the person's mature age partner allowance under section 660XJL as a result of the suspension referred to in paragraph (b); and
(d) the person's partner subsequently commences receiving the allowance that was suspended; and
(e) the Secretary becomes satisfied that:
(i) the person did not receive a mature age partner allowance that was payable to the person; or
(ii) the person is not receiving a mature age partner allowance that is payable to the person;
the Secretary is to determine that a mature age partner allowance was or is payable to the person.".
AMENDMENTS RELATING TO THE CONTINUATION OF ADVANCE
PHARMACEUTICAL ALLOWANCE
Omit the Note.
Omit the subsection.
Repeal the section.
AMENDMENT RELATING TO ASSURANCE OF SUPPORT DEBTS
After paragraph (c) insert:
"(ca) Division 7 of Part 2 of the Migration (1994) Regulations as in force on or after 1 September 1994;".
1.
No. 46, 1991, as amended. For previous amendments, see Nos. 68, 69, 70, 73, 74, 115, 116, 141, 175, 194 and 208, 1991; Nos. 12, 69, 81, 94, 118, 133, 134, 138, 228, 229, 230, 233 and 241, 1992; Nos. 25, 36, 61, 120 and 121, 1993; Nos. 55, 63, 68, 78, 98, 109 and 125, 1994.
NOTES ABOUT SECTION HEADINGS
1. On the commencement of paragraph 6(1)(b) of this Act, the headings to sections of the
Social Security Act 1991 are altered as follows:(a) the heading to section 315 is altered by omitting "
widowed person " and substituting "bereavement ";(b) the heading to sections 316 and 317 are altered by omitting "
Widowed person " and substituting "Bereavement ";(c) the heading to sections 329 and 330 are altered by omitting "
widowed person " and substituting "bereavement ";(d) the heading to section 339 is altered by omitting "
Widowed person " and substituting "Bereavement ";(e) the heading to sections 342 and 1066 are altered by omitting "
widowed person " and substituting "bereavement ";(f) the heading to section 1068 is omitted and the following heading is substituted: "
Rate of widow allowance, job search allowance (18 or over), newstart allowance, sickness allowance (18 or over) and partner allowance ".2. On the commencement of paragraph 6(1)(b) of this Act, the heading to section 24ABH of the
Income Tax Assessment Act 1936 is altered by omitting "Widowed person " and substituting "Bereavement ".
3. On 1 July 1995:
(a) the heading to section 771NH is altered by inserting "
or pension " after "benefit "; and(b) the heading to section 1223B of the
Social Security Act 1991 is altered by omitting "or benefit " and substituting ",benefit etc. "; and(c) the heading to section 5D of the
Health Insurance Act 1973 is altered by inserting ",partner allowance " after "job search allowance "; and(d) the heading to section 5F of the
Health Insurance Act 1973 is altered by omitting "5EA " and substituting "5EB ".
NOTE ABOUT SUBSECTION HEADING
1. On the commencement of paragraph 6(1)(b) of this Act, the heading to subsection 318(2) of the
Social Security Act 1991 is altered by omitting "widowed persons " and substituting "bereavement ".
NOTE ABOUT POINT HEADINGS
1. On the commencement of paragraph 6(1)(b) of this Act, the headings to points of the
Social Security Act 1991 are altered as follows:(a) the heading to point 1068-D2 is altered by adding at the end "—
job search allowance and newstart allowance ";(b) the heading to point 1210-B8 is altered by omitting "
widowed person " and substituting "bereavement ";(c) the heading to point 1221-B8 is altered by omitting "
widowed person " and substituting "bereavement ".
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House of Representatives on 7 November 1994
Senate on 16 November 1994
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