Social Security (Pension Bonus Scheme — Non-accruing Members) Declaration 2018 (Cth)

Social Security (Pension Bonus Scheme — Non-accruing Members) Declaration 2018

I, Kathryn Campbell, Secretary of the Department of Social Services, make this Declaration under subsection 92Q(1) of the Social Security Act 1991.

Dated 27 March 2018

Kathryn Campbell

Secretary of the Department of Social Services

1  Name of Declaration

This instrument is the Social Security (Pension Bonus Scheme — Non-accruing Members) Declaration 2018.

2  Commencement

This Declaration commences on 1 April 2018.

3  Authority

This Declaration is made under subsection 92Q(1) of the Social Security Act 1991.

4  Definitions

(1)In this Declaration:

Act means the Social Security Act 1991.

pass the work test:

(a)For a member of the pension bonus scheme — has the meanings given by sections 92U and 92V of the Act; and

(b)For the partner of a member of the pension bonus scheme who is a member of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act 1986 — has the meanings given by sections 45TS and 45TT of the Veterans’ Entitlements Act 1986.

Note The following expressions used in this Declaration are defined in the Act (see subsections 4(2) and 23(1)):

·CDEP Scheme participant

·major disaster

·member of a couple

·partner

·pension bonus

·Veterans’ Entitlements Act

(2)For this Declaration, the period during which a major disaster affects a person’s ability to pass the work test may include a period during which preparations are made to cope with an impending disaster, for example, by evacuation of an area shortly before a cyclone is predicted to reach the area.

5  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6  Kinds of non-accruing members

A member of the pension bonus scheme who is a member of any of the following kinds is a non-accruing member:

(a)a member who is a CDEP Scheme participant;

(b)a member who is in gaol, within the meaning of subsection 23(5) of the Act;

(c)a member who is undergoing psychiatric confinement, within the meaning of subsections 23(8) and (9) of the Act, because the member has been charged with committing an offence;

(d)a member who, at any time before 1 July 2014, was a person who was not a participant in the workforce and was a person whose partner:

(i)was a participant in the workforce; and

(ii)was not a registered member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and

(iii)had intended to become a registered member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;

(e)a member who is on paid or unpaid leave of any kind, or combination of kinds, from gainful work and who would not pass the work test for a bonus period during which any part of the leave is taken;

(f)a member whose partner is on paid or unpaid leave of any kind, or combination of kinds, from gainful work and whose partner would not pass the work test for a bonus period during which any part of the leave is taken;

(g)a member who is:

(i)the surviving member of a couple; and

(ii)undergoing a period of bereavement; and

(iii)unable to pass the work test for a bonus period during which the period of bereavement occurs;

(h)a member who is unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period is reduced by a major disaster;

(i)a member whose partner:

(i)is a member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and

(ii)is unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period is reduced by a major disaster.

Note for paragraphs (h) and (i): For the application of this Declaration in relation to Cyclone Larry, a major disaster that occurred in 2006, see section 8.

7  Period for which member is non-accruing member

(1)   A member of the pension bonus scheme to whom a paragraph of section 6 applies is a non-accruing member throughout the period during which the member is a member of the kind mentioned in the paragraph.

(2)   A non-accruing period can begin prior to the registration of this Declaration.

(3)   However, for a member to whom a paragraph of section 6 mentioned in the following table applies, subsection (1) is subject to the time limit shown.

Item	Paragraph of section 6	Time limit
1	(e), (f)	26 weeks
2	(g), (h), (i)	13 weeks

8  Special provisions in relation to Cyclone Larry

(1)   This section applies to a member of the pension bonus scheme:

(a)who was unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period had been reduced by the effects of Cyclone Larry; or

(b)whose partner:

(i)was a member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and

(ii)was unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period had been reduced by the effects of Cyclone Larry.

(2)   The member is a non-accruing member throughout the period during which the member was a member of the kind mentioned in subsection (1):

(a)From the date, not before 1 March 2006, that:

(i)for a member mentioned in paragraph (1) (a) — the member was unable to pass the work test due to the effects of Cyclone Larry; or

(ii)for a member mentioned in paragraph (1) (b) — the member’s partner was unable to pass the work test due to the effects of Cyclone Larry; and

(b)up to a maximum of 13 weeks.

Note   1 March 2006 is the date from which people are taken to be affected by preparation for Cyclone Larry

Schedule 1—Repeals

Social Security (Pension Bonus Scheme — Non-accruing Members) Declaration 2007

1  The whole of the instrument

Repeal the instrument