Social Services and Other Legislation Amendment (Strengthening the Safety Net) Act 2023 (Cth)

Social Services and Other Legislation Amendment (Strengthening the Safety Net) Act 2023

No. 52, 2023

An Act to amend the law relating to social security, family assistance and veterans’ entitlements, and for related purposes

Contents

Social Services and Other Legislation Amendment (Strengthening the Safety Net) Act 2023

No. 52, 2023

An Act to amend the law relating to social security, family assistance and veterans’ entitlements, and for related purposes

[Assented to 10 August 2023]

The Parliament of Australia enacts:

1Short title

This Act is the Social Services and Other Legislation Amendment (Strengthening the Safety Net) Act 2023.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The day this Act receives the Royal Assent.	10 August 2023

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

1. (2)

   Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Additional support for single parents

Social Security Act 1991

1

Paragraph 500D(2)(c)

Omit “8”, substitute “14”.

2

Subparagraph 1061PJ(2A)(b)(iii)

Omit “8”, substitute “14”.

3

Paragraph 1061ZDA(1)(b)

Omit “8”, substitute “14”.

4

Application of amendments

(1) The amendment of paragraph 500D(2)(c) of the Social Security Act 1991 made by this Schedule applies in relation to working out whether a person is qualified for parenting payment for days occurring on or after 20 September 2023.

(2) The amendment of subparagraph 1061PJ(2A)(b)(iii) of the Social Security Act 1991 made by this Schedule applies in relation to working out whether a person is qualified for a pensioner education supplement for days occurring on or after 20 September 2023.

(3) The amendment of paragraph 1061ZDA(1)(b) of the Social Security Act 1991 made by this Schedule applies in relation to working out whether a person is qualified for a pensioner concession card for days occurring on or after 20 September 2023.

Schedule 2Increase to working age paymentsPart 1Main amendmentsDivision 1Disability support pension (under 21)

Social Security Act 1991

1

Point 1066A‑B1 (table B)

Repeal the table (not including the notes), substitute:

Table B—Maximum basic rates
Column 1 Item	Column 2 Person’s family situation	Column 3 Rate per year	Column 4 Rate per fortnight
1	Not a member of a couple and person: (a) is under 18 years of age; and (b) is not independent; and (c) is not living away from the person’s parental home because of a medical condition of the person	$9,695.40	$372.90
2	Not a member of a couple and person: (a) is under 18 years of age; and (b) either: (i) is independent; or (ii) is living away from the person’s parental home because of a medical condition of the person	$15,672.80	$602.80
3	Not a member of a couple and person: (a) has reached 18 years of age; and (b) is living at home of parent or parents; and (c) is not independent	$11,164.40	$429.40
4	Not a member of a couple and person: (a) has reached 18 years of age; and (b) either: (i) is not living at a home of parent or parents; or (ii) is living at a home of parent or parents, but is independent	$15,672.80	$602.80
5	Partnered	$15,672.80	$602.80
6	Member of illness separated couple, member of respite care couple or partnered (partner in gaol)	$15,672.80	$602.80

2

Point 1066B‑B1 (table B)

Repeal the table (not including the notes), substitute:

Table B—Maximum basic rates
Column 1 Item	Column 2 Person’s family situation	Column 3 Rate per year	Column 4 Rate per fortnight
1	Not a member of a couple and person: (a) is under 18 years of age; and (b) is not independent; and (c) is not living away from the person’s parental home because of a medical condition of the person	$9,695.40	$372.90
2	Not a member of a couple and person: (a) is under 18 years of age; and (b) either: (i) is independent; or (ii) is living away from the person’s parental home because of a medical condition of the person	$15,672.80	$602.80
3	Not a member of a couple and person: (a) has reached 18 years of age; and (b) is living at home of parent or parents; and (c) is not independent	$11,164.40	$429.40
4	Not a member of a couple and person: (a) has reached 18 years of age; and (b) either: (i) is not living at a home of parent or parents; or (ii) is living at a home of parent or parents, but is independent	$15,672.80	$602.80
5	Partnered	$15,672.80	$602.80
6	Member of illness separated couple, member of respite care couple or partnered (partner in gaol)	$15,672.80	$602.80

Division 2Youth allowance

Social Security Act 1991

3

Point 1067G‑B2 (table BA)

Repeal the table (not including the note), substitute:

Table BA—Maximum basic rates (people who are not independent)
Column 1 Item	Column 2 Person’s situation	Column 3 Rate
1	Lives at home and not yet 18 years old	$372.90
2	Lives at home and at least 18 years old	$429.40
3	Required to live away from home	$602.80

4

Point 1067G‑B3 (table BB)

Repeal the table (not including the note), substitute:

Table BB—Maximum basic rates (people who are independent)
Column 1 Item	Column 2 Person’s situation	Column 3 Rate
1	Accommodated independent person and not yet 18 years old	$372.90
2	Accommodated independent person and at least 18 years old	$429.40
3	In supported State care and not yet 18 years old	$372.90
4	In supported State care and at least 18 years old	$429.40
5	In unsupported State care	$602.80
6	Not a member of a couple and has a dependent child	$760.40
7	Member of a couple and has a dependent child	$652.60
8	Not an accommodated independent person, not in supported State care, not in unsupported State care and does not have a dependent child	$602.80

5

Point 1067G‑B4 (table BC)

Repeal the table (not including the note), substitute:

Table BC—Maximum basic rates (long term income support students)
Column 1 Item	Column 2 Person’s situation	Column 3 Rate
1	Not independent, lives at home and not a member of a couple	$505.20
2	Not independent, required to live away from home and not a member of a couple	$711.90
3	Accommodated independent person and not a member of a couple	$505.20
4	Independent, not an accommodated independent person and not a member of a couple	$711.90
5	Member of a couple	$652.60

Division 3Austudy payment

Social Security Act 1991

6

Subpoint 1067L‑B2(1) (table BA)

Repeal the table (not including the note), substitute:

Table BA—Maximum basic rates (persons who are not long term income support students)
Column 1 Item	Column 2 Person’s situation	Column 3 Rate
1	Does not have a dependent child or a YA child	$602.80
2	Is a member of a couple and has a dependent child	$652.60
3	Is not a member of a couple and has a dependent child or YA child	$760.40

7

Point 1067L‑B3 (table BB)

Repeal the table, substitute:

Table BB—Maximum basic rates (persons who are long term income support students)
Column 1 Item	Column 2 Person’s situation	Column 3 Rate
1	Is a member of a couple	$652.60
2	Is not a member of a couple	$711.90

Division 4Jobseeker payment

Social Security Act 1991

8

Point 1068‑B1 (table B)

Repeal the table (not including the notes), substitute:

Table B—Maximum basic rates
Column 1	Column 2	Column 3 Rate
Item	Person’s family situation	Column 3A Person with dependent child	Column 3B Person without dependent child
4A	Not member of couple and person: (a) receives jobseeker payment; and (b) has not turned 55	$785.20	$733.10
4B	Not member of couple and person: (a) receives jobseeker payment; and (b) has turned 55; and (c) has not been receiving one, or a combination, of social security pension or social security benefit or service pension, income support supplement or veteran payment for a continuous period of at least 9 months	$785.20	$733.10
5	Not member of couple and person: (a) has turned 55; and (b) has been receiving one, or a combination, of social security pension or social security benefit or service pension or income support supplement for a continuous period of at least 9 months	$785.20	$785.20
7	Partnered	$671.20	$671.20
9	Member of illness separated couple	$785.20	$785.20
11	Partnered (partner in gaol)	$785.20	$785.20

Division 5Parenting payment (partnered)

Social Security Act 1991

9

Point 1068B‑C2 (table C)

Repeal the table (not including the notes), substitute:

Table C—Maximum basic rates
Column 1 Item	Column 2 Person’s family situation	Column 3 Rate
1	Person not covered by item 2, 3 or 4	$671.20
2	Member of illness separated couple	$785.20
3	Member of respite care couple	$785.20
4	Partnered (partner in gaol)	$785.20

Division 6Application of amendments

10

Application of amendments

(1) The amendments of the Social Security Act 1991 made by this Part apply in relation to working out the following:

1. (a)

   the rate of a person’s disability support pension, youth allowance, austudy payment, jobseeker payment or benefit PP (partnered) for days occurring on or after 20 September 2023;

2. (b)

   the rate of a person’s farm household allowance under the Farm Household Support Act 2014 for days occurring on or after 20 September 2023.

(2) For the purposes of indexing an amount:

1. (a)

   specified in a table of the Social Security Act 1991 as substituted by an item of this Part; and

2. (b)

   on the first indexation day for the amount that occurs after the day this item commences;

the current figure for the amount immediately before that first indexation day is taken to be that specified amount.

Part 2Other amendments

Social Security Act 1991

1. 11

   Paragraphs 1061Q(2B)(d), (3)(c), (3A)(c), (3F)(c) and (3G)(c)

   Omit “60”, substitute “55”.

12

Paragraph 1061ZA(2)(a)

Omit “60”, substitute “55”.

13

Paragraph 1067L‑C1(b)

Omit “60”, substitute “55”.

14

Point 1068‑D3 (heading)

Omit “60”, substitute “55”.

15

Paragraph 1068‑D3(a)

Omit “60”, substitute “55”.

16

Subparagraph 1068B‑E1(d)(i)

Omit “60”, substitute “55”.

17

Section 1190 (table item 2, column 4)

Omit “items 4A, 4B, 5, 7 and 9”, substitute “all amounts”.

18

Application of amendments

(1) The amendments of section 1061Q of the Social Security Act 1991 made by this Part apply in relation to each telephone allowance payday for a person, that occurs on or after 20 September 2023, on which telephone allowance is payable to the person.

(2) The amendment of paragraph 1061ZA(2)(a) of the Social Security Act 1991 made by this Part applies in relation to working out whether a person is qualified for a pensioner concession card for days occurring on or after 20 September 2023.

(3) The amendment of paragraph 1067L‑C1(b) of the Social Security Act 1991 made by this Part applies in relation to working out the rate of a person’s austudy payment for days occurring on or after 20 September 2023.

(4) The amendment of paragraph 1068‑D3(a) of the Social Security Act 1991 made by this Part applies in relation to working out the rate of a person’s jobseeker payment for days occurring on or after 20 September 2023.

(5) The amendment of subparagraph 1068B‑E1(1)(d)(i) of the Social Security Act 1991 made by this Part applies in relation to working out the rate of a person’s benefit PP (partnered) for days occurring on or after 20 September 2023.

(6) The amendment of section 1190 of the Social Security Act 1991 made by this Part applies in relation to indexing an amount on each indexation day for the amount that occurs after the day this item commences.

Schedule 3Increased support for Commonwealth rent assistance recipients

A New Tax System (Family Assistance) Act 1999

1

Subparagraph 38C(1)(f)(i) of Schedule 1

Omit “$3,073.30”, substitute “$4,807.05”.

2

Subparagraph 38C(1)(f)(ii) of Schedule 1

Omit “$4,547.90”, substitute “$7,102.90”.

3

Subparagraphs 38C(1)(f)(iii) and (iv) of Schedule 1

Omit “$3,073.30”, substitute “$4,807.05”.

4

Subparagraph 38C(1)(fa)(i) of Schedule 1

Omit “$2,332.35”, substitute “$3,657.30”.

5

Subparagraph 38C(1)(fa)(ii) of Schedule 1

Omit “$3,806.95”, substitute “$5,945.85”.

6

Subparagraphs 38C(1)(fa)(iii) and (iv) of Schedule 1

Omit “$2,332.35”, substitute “$3,657.30”.

7

Clause 38D of Schedule 1 (table)

Repeal the table, substitute:

Rent assistance payable to individual who has at least one FTB child and who is not a relevant shared carer (Part A—Method 1)
Column 1 Family situation	Column 2 Rate A	Column 3 Rate B
Column 3A	Column 3B
1 or 2 rent assistance children	3 or more rent assistance children
1	Not member of a couple	$5,544.35	$6,259.75
2	Member of a couple other than a person who is partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple	$5,544.35	$6,259.75
3	Person who is partnered (partner in gaol) or a member of an illness separated couple or a respite care couple	$5,544.35	$6,259.75
4	Member of a temporarily separated couple	$5,544.35	$6,259.75

8

Clause 38E of Schedule 1 (table)

Repeal the table, substitute:

Rent assistance payable to individual who is a relevant shared carer or who has only one or more regular care children (Part A—Method 1 or 3)
Column 1 Family situation	Column 2 Rate A	Column 3 Rate B
1	Not member of a couple	$4,745.00
2	Member of a couple other than a person who is partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple	$4,456.65
3	Person who is partnered (partner in gaol) or a member of an illness separated couple or a respite care couple	$4,745.00
4	Member of a temporarily separated couple	$4,456.65

Social Security Act 1991

9

Subsection 1070L(2) (table)

Repeal the table, substitute:

Rate of rent assistance
Column 1 Item	Column 2 Person’s family situation	Column 3 Rate A	Column 4 Rate B
1	Not a member of a couple	$180.80
2	Partnered and partner does not have rent increased pension	$170.20
3	Partnered and partner: (a) is receiving a social security pension; and (b) has rent increased pension	Half the rate specified in column 4 of item 2
4	Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) does not have a dependent child or dependent children	Half the rate specified in column 4 of item 2
5	Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 1 or 2 dependent children	$106.80
6	Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 3 or more dependent children	$120.00
7	Partnered—member of an illness separated couple	$180.80
8	Partnered—member of a respite care couple	$180.80
9	Partnered—member of a temporarily separated couple	$170.20
10	Partnered (partner in gaol)	$180.80

10

Subsection 1070M(2) (table)

Repeal the table, substitute:

Rate of rent assistance
Column 1 Item	Column 2 Rate A	Column 3 Rate B
1	$180.80

11

Subsection 1070N(2) (table)

Repeal the table, substitute:

Rate of rent assistance
Column 1 Item	Column 2 Person’s family situation	Column 3 Rate A	Column 4 Rate B
1	Not a member of a couple and: (a) in disability accommodation; or (b) independent	$180.80
2	Partnered and partner does not have rent increased pension	$170.20
3	Partnered and partner: (a) is receiving a social security pension; and (b) has rent increased pension	Half the rate specified in column 4 of item 2
4	Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) does not have a dependent child or dependent children	Half the rate specified in column 4 of item 2
5	Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 1 or 2 dependent children	$106.80
6	Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 3 or more dependent children	$120.00
7	Partnered—member of an illness separated couple	$180.80
8	Partnered—member of a respite care couple	$180.80
9	Partnered—member of a temporarily separated couple	$170.20
10	Partnered (partner in gaol)	$180.80

12

Subsection 1070P(2) (table)

Repeal the table, substitute:

Rate of rent assistance
Column 1 Item	Column 2 Person’s family situation	Column 3 Rate A	Column 4 Rate B
1	Not a member of a couple and: (a) in disability accommodation; or (b) living away from the person’s parental home permanently or indefinitely	$180.80
2	Partnered and partner does not have rent increased pension	$170.20
3	Partnered and partner: (a) is receiving a social security pension; and (b) has rent increased pension	Half the rate specified in column 4 of item 2
4	Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) does not have a dependent child or dependent children	Half the rate specified in column 4 of item 2
5	Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 1 or 2 dependent children	$106.80
6	Partnered and partner: (a) is receiving a service pension, income support supplement or a veteran payment; and (b) has rent increased pension; and (c) has 3 or more dependent children	$120.00
7	Partnered—member of an illness separated couple	$180.80
8	Partnered—member of a respite care couple	$180.80
9	Partnered—member of a temporarily separated couple	$170.20
10	Partnered (partner in gaol)	$180.80

13

Subsection 1070Q(2) (table)

Repeal the table, substitute:

Rate of rent assistance
Column 1 Item	Column 2 Person’s family situation	Column 3 Rate A	Column 4 Rate B
1	Not a member of a couple	$180.80
2	Partnered—partner does not have rent increased benefit	$170.20
3	Partnered—partner has rent increased benefit	Half the rate specified in column 4 of item 2
4	Partnered—member of an illness separated couple	$180.80
5	Partnered—member of a respite care couple	$180.80
6	Partnered—member of a temporarily separated couple	$170.20
7	Partnered (partner in gaol)	$180.80

14

Subsection 1070R(2) (table)

Repeal the table, substitute:

Rate of rent assistance
Column 1 Item	Column 2 Person’s family situation	Column 3 Rate of rent assistance	Column 4 Maximum rate
1	Partnered—partner does not have rent increased benefit	$170.20
2	Partnered—partner has rent increased benefit	Half the rate specified in column 4 of item 1
3	Partnered—member of an illness separated couple	$180.80
4	Partnered—member of a respite care couple	$180.80
5	Partnered—member of a temporarily separated couple	$170.20
6	Partnered (partner in gaol)	$180.80

15

Subsection 1070T(1)

Omit “$82.80”, substitute “$140.40”.

16

Subsection 1070T(3) (example)

Omit “$82.80” (wherever occurring), substitute “$140.40”.

Veterans’ Entitlements Act 1986

17

Point SCH6‑C6 of Schedule 6 (table C‑1)

Repeal the table (not including the notes), substitute:

Table C‑1—Rent threshold rates
Column 1 Item	Column 2 Person’s family situation	Column 3 Rate per year $	Column 4 Rate per fortnight $
1	Not a member of a couple	3,650.40	140.40
A member of an illness separated couple
A member of a respite care couple
Partnered—partner without a rent increased pension
2	Partnered—partner with a rent increased pension	2,956.20	113.70

18

Subpoint SCH6‑C8(1) of Schedule 6 (table C‑2)

Repeal the table (not including the notes), substitute:

Table C‑2—Rate of rent assistance
Column 1 Item	Column 2 Person’s family situation	Column 3 Rate A $	Column 4 Rate B $
1	Not a member of a couple	4,700.80
A member of an illness separated couple
A member of a respite care couple
Partnered—partner without a rent increased pension
2	Partnered—partner with a rent increased pension

2,212.60

19

Application of amendments

A New Tax System (Family Assistance) Act 1999

(1) The amendments of the A New Tax System (Family Assistance) Act 1999 made by this Schedule apply in relation to working out a person’s Part A rate of family tax benefit for days occurring on or after 20 September 2023.

(2) For the purposes of indexing an amount:

1. (a)

   specified in a table of the A New Tax System (Family Assistance) Act 1999 as substituted by an item of this Schedule; and

2. (b)

   on the first indexation day for the amount that occurs after the day this item commences;

the current figure for the amount immediately before that first indexation day is taken to be that specified amount.

Social Security Act 1991

(3) The amendments of the Social Security Act 1991 made by this Schedule apply in relation to working out:

1. (a)

   the rate of a person’s social security payment for days occurring on or after 20 September 2023; and

2. (b)

   the rate of a person’s farm household allowance under the Farm Household Support Act 2014 for days occurring on or after 20 September 2023.

(4) For the purposes of indexing an amount:

1. (a)

   specified in subsection 1070T(1) of the Social Security Act 1991 as amended by an item of this Schedule or in a table of that Act as substituted by an item of this Schedule; and

2. (b)

   on the first indexation day for the amount that occurs after the day this item commences;

the current figure for the amount immediately before that first indexation day is taken to be that specified amount.

Veterans’ Entitlements Act 1986

(5) The amendments of the Veterans’ Entitlements Act 1986 made by this Schedule apply in relation to working out the rate of a person’s service pension, income support supplement or veteran payment for days occurring on or after 20 September 2023.

(6) For the purposes of indexing an amount:

1. (a)

   specified in a table of Schedule 6 to the Veterans’ Entitlements Act 1986 as substituted by an item of this Schedule; and

2. (b)

   on the first indexation day for the amount that occurs after the day this item commences;

the current figure for the amount immediately before that first indexation day is taken to be that specified amount.

[Minister’s second reading speech made in—

House of Representatives on 25 May 2023

Senate on 13 June 2023]

(70/23)