Veterans' Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995 (Cth)
Section
1. Short title
2. Commencement
3. Amendments
SCHEDULE 1
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 IN RELATION TO RESIDENTIAL CARE ALLOWANCE AND RENT ASSISTANCE
SCHEDULE 2
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 TO REPLACE CERTAIN 1989 AND 1993 SAVING AND TRANSITIONAL PROVISIONS
SCHEDULE 3
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 TO CONTINUE CARER SERVICE PENSION OR INCOME SUPPORT SUPPLEMENT DURING
TRANSITION PERIOD
CONTENTS
SCHEDULE 4
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 TO EXTEND DISREGARD OF HOMES OF PEOPLE WHO ARE RECEIVING OR GIVING COMMUNITY-BASED CARE OR ARE IN RESIDENTIAL CARE
SCHEDULE 5
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 TO PROVIDE IMMEDIATE RENT ASSISTANCE FOR PEOPLE LEAVING HOME TO RECEIVE OR GIVE COMMUNITY-BASED CARE
SCHEDULE 6
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 TO EXTEND CARER SERVICE PENSION AND INCOME SUPPORT SUPPLEMENT TO PEOPLE CARING FOR OTHERS WHO DO NOT RECEIVE PENSIONS OR BENEFITS
SCHEDULE 7
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 IN RELATION TO ADVANCE PAYMENTS OF PENSIONS
SCHEDULE 8
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 IN RELATION TO PAYMENTS IN RESPECT OF DEATH
SCHEDULE 9
OTHER AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986
SCHEDULE 10
AMENDMENT OF THE SOCIAL SECURITY AND VETERANS’ AFFAIRS LEGISLATION AMENDMENT ACT 1988
PART 1—AMENDMENTS RETROSPECTIVE TO 12 JUNE 1989
PART 2—AMENDMENTS RETROSPECTIVE TO 1 JULY 1991
PART 3—AMENDMENTS RETROSPECTIVE TO 20 MARCH 1995
PART 4—REPEAL OF TRANSITIONAL PROVISIONS
SCHEDULE 11
AMENDMENT OF THE VETERANS’ AFFAIRS LEGISLATION AMENDMENT ACT
(NO. 2) 1992
PART 1—AMENDMENTS RETROSPECTIVE TO 20 MARCH 1993
PART 2—AMENDMENTS RETROSPECTIVE TO 20 MARCH 1995
PART 3—REPEAL OF TRANSITIONAL PROVISIONS
SCHEDULE 12
AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936
PART 1—AMENDMENT RELATING TO RESIDENTIAL CARE CHARGE
PART 2—AMENDMENTS RELATING TO TAXATION OF PAYMENTS UNDER THE VETERANS’ ENTITLEMENTS ACT 1986
CONTENTS
SCHEDULE 13
AMENDMENT OF THE FRINGE BENEFITS TAX (APPLICATION TO THE COMMONWEALTH) ACT 1986
SCHEDULE 14
AMENDMENT OF THE SOCIAL SECURITY ACT 1991
[
The Parliament of Australia enacts:
(a) Schedule 2;
(b) item 11 in Schedule 10;
(c) item 5 in Schedule 11;
(d) Schedule 14.
____________
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 IN RELATION TO RESIDENTIAL CARE ALLOWANCE AND RENT ASSISTANCE
Insert in their respective alphabetical positions determined on a letter-by-letter basis:
“excluded property owner 5NAA(1)
in residential care 5NAA(2)
residential care charge 5NAA(3)”.
(a) After “rent assistance” insert “or residential care allowance”.
(b) After “Rent Assistance Module” insert “or Residential Care Allowance Module”.
Omit, substitute:
“Note 1: For
Note 2: For
Omit paragraph (b).
Omit “and for
Omit “, (3) and (4)”, substitute “and (3)”.
Omit.
Omit, substitute:
“(8) Unless the contrary intention appears, a reference in this Act to a person
(a) residing in premises at which accommodation is provided exclusively or principally for people who have a mental disability; or
(b) a nursing-home type patient, within the meaning of the
Health Insurance Act 1973 , of a hospital.”.
Insert:
“5NAA.(1) In this Act, unless the contrary intention appears:
(a) is in residential care; and
(b) is not residing in a retirement village.
Note: For
“(2) For the purposes of this Act, a person is
(a) is residing in premises that are:
(i) an approved nursing home for the purposes of the
National Health Act 1953 or theNursing Homes Assistance Act 1974 ; or
(ii) an approved home for the purposes of the
(iii) an approved hostel for the purposes of the
(iv) made available for the accommodation of the person by an approved organisation providing hostel care services or personal care services to the person for the purposes of Part III of the
Aged or Disabled Persons Care Act 1954 ; and(b) has resided, or is in the Commission’s opinion likely to reside, in the premises for at least 14 consecutive days.
“(3) Amounts payable for accommodation of a person in residential care are a
(a) the amounts are payable every 3 months or more frequently; or
(b) the amounts are payable at regular intervals (greater than 3 months) and the Commission is satisfied that the amounts should be treated as a residential care charge for the purposes of this Act.
“(4) If:
(a) a person who is in residential care pays, or is liable to pay, amounts for accommodation and other services; and
(b) it is not possible to work out the part of each of those amounts that is paid or payable for accommodation;
the amount of residential care charge paid or liable to be paid by the person is taken, for the purposes of this Act, to be two-thirds of each of the amounts mentioned in paragraph (a).”.
After “rent assistance” in paragraph (a) insert “or residential care allowance”.
After “rent assistance” in paragraph (a) insert “or residential care allowance”.
After “additional rent assistance” insert “or residential care allowance”.
After “additional rent assistance” insert “or residential care allowance”.
After “additional rent assistance” insert “or residential care allowance”.
After “additional rent assistance” insert “or residential care allowance”.
After “rent assistance” insert residential care allowance”.
After “rent assistance Module of a Rate Calculator” insert the residential care allowance Module of a Rate Calculator”.
After “rent assistance Module” insert “, the residential care allowance Module”.
After “Module” insert “or the residential care allowance Module”.
After “rent assistance Module of a Rate Calculator” insert the residential care allowance Module of a Rate Calculator”.
After “rent assistance Module” insert the residential care allowance Module”.
After “Module” insert “or the residential care allowance Module”.
After column 3 insert:
“
column 3A residential care allowance Module |
Module CAA |
Module DAAA |
Add at the end “or the amount per year (if any) for residential care allowance using MODULE CAA below”.
Omit, substitute:
“Note 2: If a person’s rate is reduced under Step 8, the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 40C (maximum basic rate first, then rent assistance or residential care allowance).”.
(a) Before paragraph (a) insert:
“(aa) the person’s rate of pension does not include an amount of residential care allowance; and”.
(b) Before Note 1 insert:
“Note 1A: For
Omit, substitute:
“
TABLE C | |||
RENT THRESHOLD RATES | |||
column 1 | column 2 | column 3 | column 4 |
item | person’s family situation | rate per year | rate per fortnight |
1. | Not member of a couple | $1,674.40 | $64.40 |
2. | Partnered—partner does not have rent | $1,674.40 | $64.40 |
increased pension | |||
3. | Partnered—partner has rent increased | $1,401.40 | $53.90 |
pension | |||
4. | Member of illness separated couple or | $1,674.40 | $64.40 |
respite care couple | |||
”
After Note 2 insert:
“Note 2A: For
Insert:
“41-C2B. Each rent threshold rate set out in Table C in point 41-C2A, or, if a higher rate is taken by section 59C to be substituted for that rate on 20 March 1996 as a result of indexation, the higher rate, is increased by $130 from and including that date.".
Omit, substitute:
“
TABLE C-l | |||
RATE OF RENT ASSISTANCE | |||
column 1 | column 2 | column 3 | column 4 |
item | family situation | Rate A | Rate B |
1. | Not member of a couple | $1,882.40 | |
2 | Partnered— partner does not have rent increased pension | $1,882.40 | |
3. | Partnered— partner has rent increased pension | | $886.60 |
4. | Member of illness separated couple or respite care couple | $1,882.40 | |
(a) After Note 2 insert:
“Note 2A: For
(b) Omit Note 4, substitute:
“Note 4: The rent threshold rates referred to in column 3 are contained in Table C in point 41-C2A and are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).”.
Omit.
Omit “$2,080” and “$80”, substitute “$2,444” and “$94”, respectively.
Omit “$1,820” and “$70”, substitute “$2,132” and “$82”, respectively.
Insert:
“
“41-CAA 1. Residential care allowance is an amount that may be added to the maximum basic rate to help cover the cost of accommodation of a person in residential care. A person who is eligible for residential care allowance under point 4I-CAA2 can have added to his or her maximum basic rate the amount applying to that person under point 41-CAA5. This is the provisional amount of residential care allowance the person is entitled to. However, if the person or the person’s partner receives disability pension, the provisional amount of residential care allowance may be reduced under point 41-CAA6.
Note: For
“41-CAA2. Residential care allowance is to be added to a person’s maximum basic rate if:
(a) the person is in residential care; and
(b) the person is not an excluded property owner; and
(c) the person’s rate of pension does not include an amount of rent assistance; and
(d) the person pays, or is liable to pay, a residential care charge for the person’s residential care; and
(e) the charge is payable at a rate that is higher than the residential care charge threshold rate; and
(f) the person is in Australia.
Note 1: For
Note 2: For
“41-CAA3. A person’s residential care charge threshold rate is $1,674.40 per year (equivalent to $64.40 per fortnight).
Note: The amounts are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).
“41-CAA4. The rate of residential care allowance depends on:
(a) the annual residential care charge paid or payable by the person; and
(b) whether or not the person or the person’s partner is receiving a disability pension.
Note: For
“41-CAA5. The rate of residential care allowance is whichever is the lesser of the following rates:
(a) the rate per year worked out using the formula:
;
(b) $1,882.40 per year;
where:
Note 1: For
Note 2: For
Note 3: The residential care charge threshold rate is in point 41-CAA3. This rate and the amount in paragraph (b) are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).
“41-CAA6. This is how to work out the effect of a person’s disability pension on the person’s rate of residential care allowance:
|
Note 1: For
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“41-CAA7.(1) If a person is a member of a couple and the person’s partner also receives disability pension, add the couple’s disability pensions (on a yearly basis) and divide by 2 to work out the amount of the disability pension income of each of them for the purposes of this Module.
Note: For
“(2) If a person is a member of an illness separated couple or a respite care couple, any amount that the person’s partner pays or is liable to pay in respect of the accommodation of the person is to be treated as paid or payable by the person.
Note: For
“41-CAA8. A person’s residential care allowance free area is worked out using Table CAA. Work out which family situation in Table CAA applies to the person. The residential care allowance free area is the corresponding amount in column 3.
TABLE CAA | |||
RESIDENTIAL CARE ALLOWANCE FREE AREA | |||
column 1 | column 2 | column 3 | column 4 |
item | category of person | basic free area per year | basic free area per fortnight |
1. | Not member of a couple | $2,444 | $94 |
2. | Partnered | $2,132 | $82 |
Note 1: For
Note 2: Item 2 of Table CAA applies to members of illness separated couples and respite care couples.
Note 3: The free area is adjusted annually in line with CPI increases (see section 59GAA).
“41-CAA9. On and after 1 January 1997, point 41-CAA3 has effect as if, immediately after indexation on 20 March 1996, the residential care charge threshold rate set out in that point had been increased by $130.”.
Add at the end “or the amount per year (if any) for residential care allowance using MODULE DAAA below”.
After “rent assistance” insert “, or residential care allowance,”.
(a) Before paragraph (a) insert:
“(aa) the person’s rate of pension does not include an amount of residential care allowance; and”.
(b) Before Note 1 insert:
“Note 1A: For
Omit, substitute:
“
TABLE D | |||
RENT THRESHOLD RATES | |||
column 1 | column 2 | column 3 | column 4 |
rate per | |||
item | person’s family situation | rate per year | fortnight |
1. | Not member of a couple | $2,236.00 | $86.00 |
2. | Partnered—partner does not have rent increased pension | $2,236.00 | $86.00 |
3. | Partnered—partner has rent increased pension | $1,682.20 | $64.70 |
4. | Member of illness separated or respite care couple | $2,236.00 | $86.00 |
”.
After Note 2 insert:
“Note 2A: For
Insert:
“42-D2B. Each rent threshold rate set out in Table D in point 42-DA, or, if a higher rate is taken by section 59C to be substituted for that rate on 20 March 1996 as a result of indexation, the higher rate, is increased by $130 from and including that date.”.
Omit, substitute:
“
TABLE D-l | ||||
RATE OF RENT ASSISTANCE | ||||
column 1 | column 2 | column 3 | column 4 | |
item | family situation | Rate A | Rate B | |
column 4A 1 or 2 pension increase children | column 4B 3 or more pension increase children | |||
1. | Not member of a couple | $2,064.40 | $2,355.60 | |
2. | Partnered— partner does not have rent increased pension | $2064.40 | $2,355.60 | |
3. | Partnered— partner has rent increased pension | $1,032.20 | $1,177.80 | |
4. | Member of illness separated or respite care couple | $2,064.40 | $2,355.60 | |
”
(a) After Note 2 insert:
“Note 2A: For
(b) Omit Note 4, substitute:
“Note 4: The rent threshold rates referred to in column 3 are contained in Table D in point 42-D2A and are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).”.
Insert:
“42-D6A.(1) Each rate set out in items 1, 2 and 4 in column 4 of Table D-l in point 42-D6, or, if a higher rate is taken by section 59C to be substituted for that rate on 20 March 1996 as a result of indexation, the higher rate, is increased by $130 from and including that date.
“(2) The rate set out in item 3 in column 4 of Table D-l in point 42-D6, or, if a higher rate is taken by section 59C to be substituted for that rate on 20 March 1996 as a result of indexation, the higher rate, is increased by $65 from and including that date.”.
Omit, substitute:
“
TABLE D-2 | |||||
RENT ASSISTANCE FREE AREA | |||||
column 1 | column 2 | column 3 | column 4 | column 5 | column 6 |
additional free | |||||
category of | basic free area | basic free area | additional free | area per | |
item | person | per year | per fortnight | area per year | fortnight |
1. | Not member | $2,444 | $94 | $624 | $24 |
of a couple | |||||
2. | Partnered | $2,132 | $82 | $312 | $12 |
”.
Omit, substitute:
“Note 2: Item 2 applies to members of illness separated couples and respite care couples.”.
(a) Omit “, 2 or 3”.
(b) Omit “or the person’s partner”.
Omit “item 3”, substitute “item 2”.
Insert after “Part III” in paragraph (a) “or Part IIIA”.
Insert:
“
“42-DAAA1. Residential care allowance is an amount that may be added to the maximum basic rate to help cover the cost of accommodation of a person in residential care. A person who is eligible for residential care
allowance under point 42-DAAA2 can have added to his or her maximum basic rate the amount applying to that person under point 42-DAAA5. This is the provisional amount of residential care allowance the person is entitled to. However, if the person or the person’s partner receives disability pension, the provisional amount of residential care allowance may be reduced under point 42-DAAA6.
Note: For
“42-DAAA2. Residential care allowance is to be added to a person’s maximum basic rate if:
(a) the person is in residential care; and
(b) the person is not an excluded property owner; and
(c) the person’s rate of pension does not include an amount of rent assistance; and
(d) the person pays, or is liable to pay, a residential care charge for the person’s residential care; and
(e) the charge is payable at a rate that is higher than the residential care charge threshold rate; and
(f) the person is in Australia.
Note 1: For
Note 2: For
“42-DAAA3. A person’s residential care charge threshold rate is $2,236 per year (equivalent to $86 per fortnight).
Note: The amounts are indexed 6 monthly in line with CPI increases (sec sections 59B to 59E).
“42-DAAA4. The rate of residential care allowance depends on:
(a) the annual residential care charge paid or payable by the person; and
(b) whether or not the person or the person’s partner is receiving a disability pension; and
(c) the number of pension increase children (if any) that the person has.
Note 1: For
Note 2: For
“42-DAAA5.(1) The rate of residential care allowance in respect of a person is the rate per year that is the lesser of Rate A and Rate B applicable to the person in accordance with Table DAAA-1.
TABLE DAAA-1 | ||
RATE OF RESIDENTIAL CARE ALLOWANCE | ||
column 1 | column 2 | |
Rate A | Rate B | |
column 2A | column 2B | |
3 or more pension increase children | ||
1 or 2 pension Increase children | ||
$2,064.40 | $2,355.60 | |
“(2) In the Table in subpoint (1):
Note 1: For
Note 2: For
Note 3: The residential care charge threshold rate is in point 42-DAAA3. This rate and the amounts in column 2 of Table DAAA-1 are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).
“42-DAAA6. This is how to work out the effect of a person’s disability pension on the person’s rate of residential care allowance:
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Note 1: For
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“42-DAAA7.(l) If a person is a member of a couple and the person’s partner also receives disability pension, add the couple’s disability pensions (on a yearly basis) and divide by 2 to work out the amount of the disability pension income of each of them for the purposes of this Module.
Note: For
“(2) If a person is a member of an illness separated couple or a respite care couple, any amount that the person’s partner pays or is liable to pay in respect of the accommodation of the person is to be treated as paid or payable by the person.
Note: For member of an
illness separated couple and member of arespite care couple see subsections 5R(5) and (6).
“42-DAAA8. A person’s residential care allowance free area is worked out using Table DAAA-2. Work out which family situation in Table DAAA-2 applies to the person. The residential care allowance free area is the corresponding amount in column 3 plus an additional corresponding amount in column 5 for each dependent child of the person.
TABLE DAAA-2 | |||||
RESIDENTIAL CARE ALLOWANCE FREE AREA | |||||
column 1 | column 2 | column 3 | column 4 | column 5 | column 6 |
basic free | additional | additional | |||
category of | basic free | area per | free area per | free area per | |
item | person | area per year | fortnight | year | fortnight |
1 | Not member | $2,444 | $94 | $624 | $24 |
of a couple | |||||
2. | Partnered | $2,132 | $82 | $312 | $12 |
Note 1: For
Note 2: For
Note 3: Item 2 of Table DAAA-2 applies to members of illness separated couples and respite care couples.
Note 4: The basic free area is adjusted annually (see section 59GAA).
“42-DAAA9. No additional free area is to be added for a dependent child who:
(a) has reached the age of 18 years; and
(b) is a prescribed student child;
unless the person whose rate is being calculated, or the person’s partner, receives child disability allowance under the Social Security Act for the child.
“42-DAAA 10.(1) The additional free area for a dependent child of a person to whom item 1 in Table DAAA-2 applies is reduced by the annual amount of any payment received by the person for or in respect of that particular child.
“(2) The additional free area for a dependent child of a person to whom item 2 in Table DAAA-2 applies is reduced by one-half of the annual amount of any payment received by the person or the person’s partner for or in respect of that particular child.
“(3) The payments referred to in point 42-DAAA11 do not result in a reduction.
“42-DAAA11. No reduction is to be made under point 42-DAAA10 for a payment:
(a) under Part III or Part IIIA of this Act; or
(b) under the Social Security Act; or
(c) that is similar in nature to family payment under the Social Security Act.
“42-DAAA12. On and after 1 January 1997, point 42-DAAA3 has effect as if, immediately after indexation on 20 March 1996, the annual residential care charge threshold rate set out in that point had been increased by $130.
“42-DAAA13. On and after 1 January 1997, subpoint 42-DAAA5(1) has effect as if, immediately after indexation on 20 March 1996, each rate of residential care allowance set out in column 2 of Table DAAA-1 in that subpoint had been increased by $130.”.
Add at the end “or residential care allowance”.
Add at the end “For
Omit “RA”, substitute “RA/RCA”.
Omit, substitute:
Add at the end “or the amount per year (if any) for residential care allowance using MODULE 43DAA below”.
Omit “rent”, substitute “rent assistance or residential care allowance”.
(a) Before paragraph (a) insert:
“(aa) the person’s rate of pension does not include an amount of residential care allowance; and”.
(b) Before Note 1 insert:
“Note 1A: For
Insert:
“
“43-DAA1. Residential care allowance is an amount that may be added to the maximum basic rate to help cover the cost of accommodation in residential care of a person who is eligible for residential care allowance under point 43-DAA2.
Note: For
“43-DAA2. Residential care allowance is to be added to the person’s maximum basic rate if:
(a) the person is in residential care; and
(b) the person is not an excluded property owner; and
(c) the person’s rate of pension does not include an amount of rent assistance; and
(d) the person pays, or is liable to pay, a residential care charge for the person’s residential care; and
(e) the residential care charge is payable at a rate that is more than:
(i) if the Service Pension Rate Calculator Where There Are No Dependent Children applied to the person—the rate in paragraph 41-CAA(2)(e); or
(ii) if the Service Pension Rate Calculator Where There Are Dependent Children applied to the person—the rate in paragraph 42-DAAA(2)(e); and
(f) the person is in Australia; and
(g) the person would be entitled to an additional amount by way of residential care allowance:
(i) if the Service Pension Rate Calculator Where There Are No Dependent Children would have applied to the person if the person were not permanently blind—under Module CAA of that Rate Calculator; or
(ii) if the Service Pension Rate Calculator Where There Are Dependent Children would have applied to the person if the person were not permanently blind—under Module DAAA of that Rate Calculator.
Note 1: For
Note 2: Service Pension Rate Calculator Where There Are No Dependent Children is found in section 41.
Note 3: Service Pension Rate Calculator Where There Are Dependent Children is found in section 42.
“43-DAA3. The rate of residential care allowance is:
(a) if the Service Pension Rate Calculator Where There Are No Dependent Children would have applied to the person if the person were not permanently blind—the rate at which residential care allowance would be payable to the person under Module CAA of that Rate Calculator; or
(b) if the Service Pension Rate Calculator Where There Are Dependent Children would have applied to the person if the person were not permanently blind—the rate at which residential care allowance would be payable to the person under Module DAAA of that Rate Calculator.
Note 1: If the Service Pension Rate Calculator Where There Are No Dependent Children (see section 41) applied to the person, the person would be subject to an ordinary income test (Module D) and an assets test (Module F).
Note 2: If the Service Pension Rate Calculator Where There Are No Dependent Children applied to the person and there was to be a reduction in pension rate because of the application of the ordinary income test or the assets test, section 40C would govern the order in which the reduction would be made against the components of the maximum payment rate (first against maximum basic rate, then against the residential care allowance).
Note 3: If the Service Pension Rate Calculator Where There Are Dependent Children (see section 42) applied to the person, the person would be subject to a maintenance income test (Module DAA), an ordinary income test (Module E) and an assets test (Module G).
Note 4: If the Service Pension Rate Calculator Where There Are Dependent Children applied to a person and there was to be a reduction in pension rate because of the application of the ordinary income test, the maintenance income test or the assets test, section 40C would govern the order in which the reduction would be made against the components of the maximum payment rate (first against the maximum basic rate, then against the residential care allowance, then against the dependent child amount).’’.
Add at the end “Modules DAAA and DAA are the Modules used to calculate residential care allowance in the Rate Calculators in sections 42 and 43, respectively.”.
After “Module” insert “or the residential care allowance Module”.
Omit, substitute:
“(b) the person would be eligible:
(i) to have rent assistance added to his or her maximum basic rate under point 45X-D2 if the person were not blind (i.e. if the rate of the person’s income support supplement were calculated using the Method statement set out in point 45X-B1 instead of that set out in point 45X-B2); or
(ii) to have residential care allowance added to his or her maximum basic rate under point 45X-DA2 if the person were not blind (i.e. if the rate of the person’s income support supplement were calculated using the Method statement set out in point 45X-B1 instead of that set out in point 45X-B2); ”.
Add at the end “or an amount for residential care allowance worked out under Module DA of the Rate Calculator, as the case may be”.
Add at the end “or the amount per year (if any) for residential care allowance using MODULE DA below”.
After “rent assistance” insert “or residential care allowance”.
Add at the end “or the amount per year (if any) for residential care allowance using MODULE DA below”.
(a) Before paragraph (a) insert:
“(aa) the person’s rate of pension does not include an amount of residential care allowance; and”.
(b) Before Note 1 insert:
“Note 1A: For
Omit, substitute:
“
TABLE D | |||
RENT THRESHOLD RATES | |||
column 1 | column 2 | column 3 | column 4 |
item | person's family situation | rate per year | rate per fortnight |
1. | Not member of a couple | $1,674.40 | $64.40 |
2. | Partnered—partner does not have rent increased pension | $1,674.40 | $64.40 |
3. | Partnered—partner has rent increased pension | $1,401.40 | $53.90 |
4. | Member of illness separated couple or respite care couple | $1,674.40 | $64.40 |
’’
After Note 2 insert:
“Note 2A: For
Insert:
“45X-D3A. On and after 1 January 1997, point 45X-D3 has effect as if, immediately after indexation on 20 March 1996, each annual rent threshold rate set out in column 3 of Table D in that point had been increased by $130.”.
Omit, substitute:
“
TABLE D-l | |||
RATE OF RENT ASSISTANCE | |||
column 1 | column 2 | column 3 | column 4 |
item | family situation | Rate A | Rate B |
1. | Not member of a couple | $1,882.40 | |
2. | Partnered—partner does not have rent increased pension | $1,882.40 | |
3. | Partnered—partner has rent increased pension | $886.60 | |
4. | Member of illness separated couple or respite care couple | $1,882.40 | |
’’
(a) After Note 2 insert:
“Note 2A: For
(b) Omit Note 4, substitute:
“Note 4: The rent threshold rates referred to in column 3 are contained in Table D in point 4SX-D3 and are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).’’.
Insert:
“45X-DA1. Residential care allowance is an amount that may be added to the maximum basic rate to help cover the cost of accommodation of a person in residential care. A person who is eligible for residential care allowance under point 45X-DA2 can have added to his or her maximum basic rate the amount applying to that person under point 45X-DA5.
Note: For
“45X-DA2. Residential care allowance is to be added to a person’s maximum basic rate if:
(a) the person is in residential care; and
(b) the person is not an excluded property owner; and
(c) the person’s rate of income support supplement does not include an amount of rent assistance; and
(d) the person pays, or is liable to pay, a residential care charge for the person’s residential care; and
(e) the charge is payable at a rate that is higher than the residential care charge threshold rate; and
(f) the person is in Australia.
Note 1: For
Note 2: For
“45X-DA3. A person’s residential care charge threshold rate is $1,674.40 per year (equivalent to $64.40 per fortnight).
Note: The amounts are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).
“45X-DA4. The rate of residential care allowance depends on the annual residential care charge paid or payable by the person.
Note: For
“45X-DA5. The rate of residential care allowance is whichever is the lesser of the following rates:
(a) the rate per year worked out using the formula:
(b) $1,882.40 per year;
where:
Note 1: For
Note 2: For
Note 3: The residential care charge threshold rate is in point 45X-DA3. This rate and the amount in paragraph (b) are indexed 6 monthly in line with CPI increases (see sections S9B to 59E).
“45X-DA6. If a person is a member of an illness separated couple or a respite care couple, any amount that the person’s partner pays or is liable to pay in respect of the accommodation of the person is to be treated as paid or payable by the person.
Note: For
“45X-DA7. On and after 1 January 1997, point 45X-DA3 has effect as if, immediately after indexation on 20 March 1996, the residential care charge threshold rate set out in that point had been increased by $130.”.
Add at the end “or the amount per year (if any) for residential care allowance using MODULE FA below”.
Add at the end “or the amount per year (if any) for residential care allowance using MODULE FA below”.
(a) Before paragraph (a) insert:
“(aa) the person’s rate of income support supplement does not include an amount of residential care allowance; and”.
(b) Before Note 1 insert:
“Note 1 A: For
Omit, substitute:
“
TABLE F | |||
RENT THRESHOLD RATES | |||
column 1 | column 2 | column 3 | column 4 |
item | person’s family situation | rate per year | rate per fortnight |
1. | Not member of a couple | $2,236.00 | $86.00 |
2. | Partnered—partner does not have rent increased pension | $2,236.00 | $86.00 |
3. | Partnered—partner has rent increased pension | $1,682.20 | $64.70 |
4. | Member of illness separated couple or respite care couple | $2,236.00 | $86.00 |
”
After Note 2 insert:
“Note 2A: For
Insert:
“45Y-F3A. Each annual rent threshold rate set out in column 3 of Table F in point 45Y-F3, or, if a higher rate is taken by section 59C to be substituted for that rate on 20 March 1996 as a result of indexation, the higher rate, is increased by $130 from and including that date.”.
Omit, substitute:
“
TABLE F-1 | ||||
RATE OF RENT ASSISTANCE | ||||
column l | column 2 | column 3 | column 4 | |
item | family situation | Rate A | Rate B | |
column 4A | column 4B | |||
1 or 2 | 3 or more | |||
pension | pension | |||
increase | increase | |||
children | children | |||
1. | Not member of a couple | $2,064.40 | $2,355.60 | |
2. | Partnered— partner does not have rent increased pension | $2064.40 | $2,355.60 | |
3. | Partnered— partner has rent increased pension | $1,032.20 | $1,177.80 | |
4. | illness separated or respite care couple | $2,064.40 | $2,355.60 | |
’’
(a) After Note 2 insert:
“Note 2A: For
(b) Omit, substitute:
“Note 4: The rent threshold rates referred to in column 3 are contained in Table F in point 45Y-F3 and are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).”.
Insert:
“45Y-F7A.(1) Each rate set out in items 1, 2 and 4 in column 4 of Table F-l in point 45Y-F7, or, if a higher rate is taken by section 59C to be substituted for that rate on 20 March 1996 as a result of indexation, the higher rate, is increased by $130 with effect from and including that date.
“(2) The rate set out in item 3 in column 4 of Table F-l in point 45Y-F7, or, if a higher rate is taken by section 59C to be substituted for that rate on 20 March 1996 as a result of indexation, the higher rate, is increased by $65 with effect from and including that date.”.
Insert:
“
“45Y-FA1. Residential care allowance is an amount that may be taken into account to help cover the cost of accommodation of a person in residential care when working out the rate of the person’s income support supplement. If the person is eligible for residential care allowance under point 45Y-FA2, the amount to be so taken into account is the amount applying to that person under point 45Y-FA5.
Note: For
“45Y-FA2. A person is eligible for residential care allowance if:
(a) the person is in residential care; and
(b) the person is not an excluded property owner; and
(c) the person’s rate of income support supplement does not include an amount of rent assistance; and
(d) the person pays, or is liable to pay, a residential care charge for the person’s residential care; and
(e) the charge is payable at a rate that is higher than the residential care charge threshold rate; and
(f) the person is in Australia.
Note 1: For
Note 2: For
“45Y-FA3. A person’s residential care charge threshold rate is $2,236 per year (equivalent to $86 per fortnight).
Note: The amounts are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).
“45Y-FA4. The rate of residential care allowance depends on:
(a) the annual residential care charge paid or payable by the person; and
(b) the number of pension increase children (if any) that the person has.
Note: For
“45Y-FA5.(1) The rate of residential care allowance in respect of a person is the rate per year that is the lesser of Rate A and Rate B applicable to the person in accordance with Table FA-1.
TABLE FA-1 | ||||
RATE OF RESIDENTIAL CARE ALLOWANCE | ||||
column 1 | column 2 | |||
Rate A | Rate B | |||
column 2A | column 2B | |||
3 or more pension increase children | ||||
1 or 2 pension increase children | ||||
$2,064.40 | $2.355.60 | |||
“(2) In the Table in subpoint (1):
Note 1: For
Note 2: For
Note 3: The residential care charge threshold rate is in point 45Y-FA3. This rate and the amount in paragraph (b) are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).
“45Y-FA6. If a person is a member of an illness separated couple or a respite care couple, any amount that the person’s partner pays or is liable to pay in respect of the accommodation of the person is to be treated as paid or payable by the person.
Note: For
“45Y-FA7. On and after 1 January 1997, point 45 Y-FA3 has effect as if, immediately after indexation on 20 March 1996, the annual residential care charge threshold rate set out in that point had been increased by $130.
“45Y-FA8. On and after 1 January 1997, subpoint 45Y-FA5(1) has effect as if, immediately after indexation on 20 March 1996, each rate of residential care allowance set out in column 2 of Table FA-1 in that subpoint had been increased by $130.”.
After “rent assistance” insert “or residential care allowance”.
After “additional rent assistance” insert “or residential care allowance”.
After “rent” insert “or a residential care charge”.
After item 6A insert:
“
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After item 7AA insert:
“
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After item 3A insert:
“
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Insert:
“59GAA.(1) This Act has effect as if, on 1 July each year, the residential care allowance free area applicable to a person who is not a member of a couple were replaced with an amount that is, on that day, the pension free area applicable to a person who is not a member of a couple.
“(2) This Act has effect as if, on 1 July each year, the residential care allowance free area applicable to a person who is partnered were replaced with an amount that is, on that day, the pension free area applicable to a person who is partnered.”.
Omit, substitute:
“
(a) the period that started on 15 November 1989 and ended on 17 April 1990; and
(b) the period that started on 18 April 1990 and ended on 19 September 1990; and
(c) the period of 6 months that started on 20 September 1990; and
(d) each later period of 6 months (other than the period of 6 months that started on 20 September 1992).”.
_______________
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 TO REPLACE
CERTAIN 1989 AND 1993 SAVING AND
TRANSITIONAL PROVISIONS
Add at the end:
“2.(1) If:
(a) immediately before 12 June 1989:
(i) a person was receiving a service pension under or because of this Act as in force at that time; and
(ii) the person’s service pension rate included an amount by way of rent assistance in respect of payments made for board and lodging; and
(b) at all times since 12 June 1989, the person:
(i) has been receiving a pension under this Act or a social security payment under the Social Security Act; and
(ii) has been a boarder; and
(c) immediately before the commencement of this clause, subsection 30(1) of the
Social Security and Veterans’ Affairs Legislation Amendment Act 1988 applied to the person;
the amount by way of rent assistance included in the person’s pension rate is not to fall below the floor amount.
“(2) If:
(a) a decision was made under this Act on or after 12 June 1989 that a person was entitled to rent assistance under this Act in respect of a period; and
(b) the period started before 12 June 1989; and
(c) the period continued until at least 11 June 1989;
the person is taken, for the purposes of this clause, to have been receiving rent assistance under this Act immediately before 12 June 1989.
“(3) If:
(a) immediately before 12 June 1989, a person was receiving rent assistance under or because of the
Social Security Act 1947 in respect of payments for board and lodging; and(b) on or after 12 June 1989, the person became or becomes entitled to be paid a pension under this Act; and
(c) subsection 18(1) of the
Social Security and Veterans’ Affairs Legislation Amendment Act 1988 had not ceased to apply to the person until the person became entitled to the pension; and(d) at all times since the person became entitled to the pension the person:
(i) has been receiving a pension; and
(ii) has been a boarder; and
(e) either of the following subparagraphs applies to the person:
(i) if the person became entitled to the pension before the commencement of this clause, subsection 30(3) of the
Social Security and Veterans’ Affairs Legislation Amendment Act 1988 applied to the person immediately before that commencement;(ii) if the person becomes entitled to the pension after that commencement—that subsection would have applied to the person immediately before he or she became so entitled if it had not been repealed;
the amount of rent assistance included in the person’s pension rate is not to fall below the person’s floor amount.
“(4) Despite subclause (1) or (3), the rate of rent assistance payable to a person to whom that subclause applies is reduced by the sum of any indexation or adjustment increases occurring after the commencement of this clause to the person’s pension rate.
“(5) Subclause (1) or (3) ceases to apply to a person if the person’s pension rate that is applicable because of that subclause is equal to or less than the rate that would be the person’s pension rate if that subclause had not applied to the person.
“(6) If subclause (1) or (3) ceases to apply to a person, it does not again apply to the person.
“(7) In this clause:
(a) that amount were worked out, subject to paragraph (b), under this Act as in force immediately before 12 June 1989; and
(b) this Act as in force at that time were modified as follows:
(i) the following paragraph applied instead of paragraph 55(1)(a):
‘(a) the person pays, or is liable to pay, rent, other than government rent, at a rate exceeding $1,040 per year;’;
(ii) ‘the amount set out in paragraph (1)(a)’ were substituted for ‘$780’ in subparagraph 55(3)(a)(i); and
(c) any increase in the amounts being paid by the person from time to time for board and lodging above the level being paid immediately before 11 June 1989 were disregarded.
“3.(1) If:
(a) immediately before 3 November 1988:
(i) a person was receiving a service pension; and
(ii) the person’s pension rate included an amount by way of rent assistance under or because of this Act as in force at that time; and
(b) at all times since 3 November 1988:
(i) the person has been entitled to a pension under this Act or a social security payment under the Social Security Act; and
(ii) the person’s principal home has been in a retirement village; and
(c) immediately before the commencement of this clause, subsection 31(1) of the
Social Security and Veterans’ Affairs Legislation Amendment Act 1988 applied to the person;
the person is taken not to be an ineligible property owner or an excluded property owner for the purposes of this Act.
“(2) If:
(a) immediately after 12 June 1989:
(i) a person was receiving a social security payment under the Social Security Act; and
(ii) the person’s pension, benefit or allowance rate included an amount by way of rent assistance because of the operation of subsection 19(1) of the
Social Security and Veterans’ Affairs Legislation Amendment Act 1988 ; and
(b) after 12 June 1989, the person began or begins to receive a pension; and
(c) subsection 19(1) of the
Social Security and Veterans' Affairs Legislation Amendment Act 1988 applied to the person at all times between 12 June 1989 and the person’s beginning to receive the pension; and(d) at all times since the person began to receive the pension:
(i) the person has continued to receive a pension; and
(ii) the person’s principal home has continued to be in the retirement village; and
(e) either of the following subparagraphs applies to the person:
(i) if the person began to receive the pension before the commencement of this clause, subsection 31(2) of the
Social Security and Veterans’ Affairs Legislation Amendment Act 1988 applied to the person immediately before that commencement;(ii) if the person begins to receive the pension after that commencement—that subsection would have applied to the person immediately before he or she began to receive the pension if it had not been repealed;
the person is taken not to be an ineligible property owner or an excluded property owner for the purposes of this Act.
“(3) Despite subclause (1) or (2), the rate of rent assistance or residential care allowance payable to a person to whom that subclause applies (whether that rate is required to be worked out under this Act (other than this Schedule) or is required to be worked out under subclause (4) of clause 4) is reduced by the sum of any indexation or adjustment increases occurring after the commencement of this clause to the person’s pension rate.
“(4) If, because of subclause (3), the rate of rent assistance or residential care allowance payable to a person to whom subclause (1) or (2) applies is reduced to nil, subclause (1) or (2), as the case may be, ceases to apply to the person.
“(5) If subclause (1) or (2) ceases to apply to a person, that subclause does not apply to the person again.
“(6) In this clause:
“4.(1) This clause applies to a person if:
(a) immediately before 20 March 1993:
(i) the person was receiving a service pension; and
(ii) the person’s pension included an amount by way of rent assistance; and
(b) immediately before the commencement of this clause, section 111 of the
Veterans' Affairs Legislation Amendment Act (No. 2) 1992 applied to the person; and(c) this subclause continues to apply to the person.
“(2) If:
(a) a decision was made on or after 20 March 1993 under this Act that a person was entitled to rent assistance in respect of a period; and
(b) the period started before 20 March 1993; and
(c) the period continued until at least 19 March 1993;
the person is taken, for the purposes of this clause, to have been receiving rent assistance under this Act immediately before 20 March 1993.
“(3) This clause applies to a person if:
(a) immediately before 20 March 1993, the person was receiving rent assistance under the Social Security Act; and
(b) on or after that date, the person became or becomes entitled to be paid a pension; and
(c) either of the following subparagraphs applies to the person:
(i) if the person became entitled to be paid the pension before the commencement of this clause—section 111 of the
Veterans' Affairs Legislation Amendment Act (No. 2) 1992 applied to the person immediately before that commencement;(ii) if the person becomes entitled to be paid the pension after that commencement—that section would have applied to the person immediately before he or she became so entitled if it had not been repealed; and
(d) this subclause continues to apply to the person.
“(4) Subject to subclauses (7), (8), (9), (10) and (11), if subclause (1) or (3) applies to a person, the amount by way of rent assistance to be used to calculate the person’s pension rate is the amount (the
(a) the person’s pension rate were neither income reduced nor assets reduced; and
(b) the amount of rent assistance were calculated under this Act as in force immediately before 20 March 1993.
“(5) Subclause (1) or (3) ceases to apply to a person if:
(a) the person no longer receives a service pension, an income support supplement, or a social security pension under the Social Security Act; or
(b) the person ceases to be eligible for rent assistance; or
(c) the pension rate that is applicable to the person because of that subclause is equal to or less than the rate that would be the person’s pension rate if that subclause did not apply to the person; or
(d) the Commission considers that there is a significant change in the person’s circumstances that would affect the amount of rent assistance that is payable to the person apart from this clause.
“(6) If:
(a) subclause (1) or (3) ceases to apply to a person because of subclause (5); and
(b) within 42 days, or any longer period that the Commission determines, after the day on which that subclause ceases to apply to the person, there is a change in the person’s circumstances; and
(c) the Commission considers that the change in the person’s circumstances is so significant that subclause (1) or (3) should apply to the person;
the Commission may determine in writing that subclause (1) or (3) is to apply to the person from a stated date.
“(7) Subject to subclauses (11) and (13), if:
(a) subclause (1) or (3) applies to a person; and
(b) the person has become or becomes a member of a couple; and
(c) the person’s partner is receiving a pension, or a social security payment under the Social Security Act, but:
(i) is not a person to whom subclause (1) or (3) applies; and
(ii) is not a person to whom clause 63 of Schedule 1A to the Social Security Act applies;
the amount by way of rent assistance to be used to calculate the person’s pension rate or the person’s partner’s pension rate is not to fall below one-half of the person’s floor amount.
“(8) Subject to subclause (11), if:
(a) subclause (1) or (3) applies to a person; and
(b) the person has become or becomes a member of a couple; and
(c) the person’s partner is a person to whom subclause (1) or (3) applies; the amount by way of rent assistance to be used to calculate the person’s pension rate or the person’s partner’s pension rate is not to fall below one-half of the person’s floor amount or one-half of the person’s partner’s floor amount, whichever is the greater.
“(9) Subject to subclause (11), if:
(a) subclause (1) or (3) applies to a person; and
(b) the person has become or becomes a member of a couple; and
(c) the person’s partner is a person to whom clause 63 of Schedule 1A to the Social Security Act applies;
the amount by way of rent assistance to be used to calculate the person’s pension rate is not to fall below one-half of the person’s floor amount or one-half of the amount that would be the person’s partner’s floor amount if subsection (1) or (3) applied to the partner, whichever is the greater.
“(10) Subject to subclause (11), if:
(a) a person is receiving a pension; and
(b) neither subclause (1) nor (3) applies to the person; and
(c) the person has become or becomes a member of a couple; and
(d) the person’s partner is receiving a social security payment under the Social Security Act and is a person to whom clause 63 of Schedule 1A to the Social Security Act applies;
the amount by way of rent assistance to be used to calculate the person’s pension rate is not to fall below one-half of the amount that would be the person’s partner’s floor amount if subclause (1) or (3) applied to the partner.
“(11) Despite anything in the preceding provisions of this clause, the rate of rent assistance payable to a person to whom this clause applies is reduced by the sum of any indexation or adjustment increases occurring after the commencement of this clause to the person’s pension rate.
“(12) Subject to subclause (6), if subclause (1) or (3) ceases to apply to a person because of subclause (5), it does not again apply to the person.
“(13) Subclause (7) ceases to apply to the partner of a person to whom subclause (1) or (3) applies if the pension rate that is applicable to the partner because of subclause (7) is equal to or less than the rate that would be the partner’s pension rate if subclause (7) did not apply to the partner.
“(14) If subclause (7) ceases to apply to the partner of a person to whom subclause (1) or (3) applies, subclause (7) does not again apply to the partner.
“(15) Nothing in this clause affects the application of clause 3 to a person to whom subclause (1) or (3) of this clause ceases to apply.
“(16) In this clause:
______________
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 TO CONTINUE CARER SERVICE PENSION OR INCOME SUPPORT SUPPLEMENT DURING TRANSITION PERIOD
Add at the end:
“Note: For the impact on payment of carer service pension when the person being cared for begins to reside in a nursing home or to be in residential care see section 53X.’’.
Add at the end:
“Note: For the impact on payment of income support supplement when the person being cared for begins to reside in a nursing home or to be in residential care see section 53X.”.
Insert:
“
“53X.(1) This section applies if:
(a) a carer service pension or an income support supplement is payable to a person (the
carer ) who has ordinarily been providing constant care for a severely handicapped person; and(b) the carer would, apart from this section, cease to be eligible for the pension or supplement because the severely handicapped person has begun to reside in a nursing home, or to be in residential care, on a permanent basis.
“(2) The carer service pension or income support supplement continues to be payable to the carer on each of the first 7 paydays after the carer ceases to be eligible, and is then cancelled by this subsection.
“(3) Subject to subsection (4), if a person is receiving a carer service pension or an income support supplement solely because of subsections (1) and (2), the rate at which the pension or supplement is payable is to be determined having regard to the person’s actual circumstances.
“(4) If the person and the person’s partner were a respite care couple immediately before the partner began to reside in a nursing home or to be in residential care on a permanent basis, the rate at which the person’s pension is payable will be calculated as if they were not a respite care couple.
“(5) If the carer dies while receiving payments under this section, the severely handicapped person is not entitled to a payment under Subdivision B of Division 12A of Part IIIB because of the carer’s death.
Note: If the carer dies while receiving a carer service pension or income support supplement, section 53Q applies.
“(6) If the severely handicapped person dies after beginning to reside in the nursing home or in residential care, the carer is not entitled to a payment ' under Division 12A of Part IIIB because of the person’s death.
“(7) A person’s entitlements under this Division are instead of, and not in addition to, any entitlements the person would, apart from this section, have to a service pension, an income support supplement, a social security pension or a social security benefit.”.
_____________
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 TO EXTEND DISREGARD OF HOMES OF PEOPLE WHO ARE RECEIVING OR PROVIDING COMMUNITY-BASED CARE
Omit, substitute:
“(b) if the person is in a relevant care situation—the period of 2 years beginning when the person started to be in a relevant care situation; and”.
Omit “residing in a nursing home”, substitute “in a relevant care situation”.
Omit, substitute:
“(d) if:
(i) the person is in a relevant care situation; and
(ii) while paragraph (c) applies, the person’s partner or non-illness separated spouse dies while in a relevant care situation; and
(iii) the person’s partner or non-illness separated spouse had been in a relevant care situation for less than 2 years;
the period of 2 years beginning at the time when the person’s partner or non-illness separated spouse started to be in a relevant care situation; and”.
Omit “residing in a nursing home”, substitute “in a relevant care situation”.
Omit “a resident of a nursing home”, substitute “in a relevant care situation”.
Insert:
“(7A) In subsection (7):
Section 5L of the
Add at the end:
“; and (f) any period of up to 2 years while the person is absent from the residence and is personally providing community-based care for another person.”.
Paragraph 5L(7)(f) of the
Omit, substitute:
“Note: For
_____________
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 TO PROVIDE FOR IMMEDIATE RENT ASSISTANCE FOR PEOPLE LEAVING HOME TO RECEIVE OR GIVE COMMUNITY-BASED CARE
Insert in their appropriate alphabetical position determined on a letter-by-letter basis:
“in a care situation 5N(9)
personally providing community-based care 5N(9)
receiving community-based care 5N(9)”.
Omit, substitute:
“(c) a person who:
(i) is absent from the person’s principal home, in relation to which the person is a property owner; and
(ii) is in a care situation but is not residing in a retirement village; or
(ca) a person who:
(i) is absent from the person’s principal home, in relation to which the person is a property owner; and
(ii) is personally providing community-based care for another person; or”.
After“and (7)”, insert“and for
Insert:
“(ia) as a condition of occupancy of premises, or of a part of premises, occupied by the person to allow him or her personally to provide community-based care for another person; or”.
Omit, substitute:
“(iii) if the person is in a care situation and the place where the person receives the care is the person’s principal home or would be the person’s principal home apart from subsection 5L(7)—for accommodation in the place where the person receives care; or”.
Insert:
“(3A) If a person is in a care situation and the person’s principal home is not the place where the person receives the care, the person’s rent may be an amount described in any of the subparagraphs of paragraph (2)(a) that applies to the person but cannot include amounts described in different subparagraphs of paragraph (2)(a).
Note: Under subsection 5L(7), the principal home of a person in a care situation may be a place other than the place where the person receives care.
“(3B) If an amount described in subparagraph (2)(a)(ia) and an amount described in another subparagraph of paragraph (2)(a) are payable by a person, the person’s rent may be an amount described in either of those subparagraphs but cannot include amounts described in different subparagraphs of paragraph (2)(a).
Note: Under subsection 5L(7), premises occupied by a person as described in subparagraph (2)(a)(ia) may not be the person’s principal home.”.
Omit, substitute:
“(a) a person in a care situation pays, or is liable to pay, amounts for accommodation and other services in the care situation; and”.
Add:
“(9) For the purposes of this Act, unless the contrary intention appears:
(a) a person is
receiving community-based care if, in the Commission’s opinion, the person needs, and has been receiving or is likely to receive, a substantial level of care in a private residence for at least 14 consecutive days; and(b) a person is
personally providing community-based care for another person if, in the Commission’s opinion, the first-mentioned person is personally providing for the other person in a private residence a substantial level of care needed by the other person and has personally provided, or is likely personally to provide, that level of care for at least 14 consecutive days; and
(c) a person is
in a care situation if:
(i) the person is residing in a nursing home; or
(ii) the person is receiving community-based care.”.
______________
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 TO EXTEND CARER SERVICE PENSION AND INCOME SUPPORT SUPPLEMENT TO PEOPLECARING FOR OTHERS WHO DO NOT RECEIVE A PENSION OR BENEFIT
Insert in its appropriate alphabetical position determined on a letter-by-letter basis:
“care receiver 5Q(1).”.
Insert:
“
(a) subparagraph (c)(ii) of the definition of
(b) subparagraph (c)(ii) of the definition of
Omit paragraph (c), substitute:
“(c) either:
(i) is receiving an age service pension or an invalidity service pension; or
(ii) is not receiving such a service pension but passes the income test under section 53AA and either passes the assets test under section 53AD or is the subject of a decision in force under section 53AN that the assets test does not apply to the veteran.”.
Omit paragraph (c), substitute:
“(c) either:
(i) is a service pensioner or is receiving either a social security pension or an income support supplement; or
(ii) is not such a pensioner and is not receiving such a pension or supplement but passes the income test under section 53AA and either passes the assets test under section 53AD or is the subject of a decision in force under section 53AN that the assets test does not apply to the person.”.
Omit “and 52H”, substitute 52H, 53AJ and 53AL”.
Omit “and 52H”, substitute 52H, 53AJ and 53AL”.
Insert in Subdivision B of Division 11 of Part IIIB:
“52K. This Subdivision does not apply for the purposes of the assets test set out in Division 11A.”.
Omit “section 52G”, substitute “sections 52G and 53AJ”.
Omit “section 52H”, substitute “sections 52H and 53AL”.
Omit “section 52H”, substitute “sections 52H and 53AL”.
Omit “and section 52H”, substitute “sections 52H and 53AL”.
Omit “and section 52H”, substitute “sections 52H and 53AL”.
Omit “and 52H”, substitute 52H and 53AL”.
Insert in Subdivision D of Division 11 of Part IIIB:
“52ZAA. This Subdivision does not apply for the purposes of the assets test set out in Division 11A (care receiver assets test).”.
Insert in Subdivision E of Division 11 of Part IIIB:
“52ZN. This Subdivision does not apply for the purposes of the assets test set out in Division 11A (care receiver assets test).”.
Insert:
“
“53AA.(1) A care receiver passes the income test if his or her taxable income worked out under section 53AB for the appropriate tax year determined under section 53AC is not more than $61,020 (the
Note 1: The income ceiling is indexed (see section 59GC).
Note 2: For
“(2) A care receiver does not pass the income test if:
“67F.(1) Subject to subsection (2) and sections 67G, 67H and 67J, a person’s advance payment deduction may be increased to a larger amount if the person asks the Commission in writing for the advance payment deduction to be the larger amount.
“(2) Subsection (1) does not apply if the Commission is satisfied that the person would suffer severe financial hardship if the advance payment deduction were the larger amount.
“67G.(1) Subject to subsection (2) and sections 67H and 67J, if:
(a) the person applies in writing to the Commission for an advance payment deduction to be decreased, or to be stopped, because of severe financial hardship; and
(b) the Commission is satisfied that:
(i) the person’s circumstances are exceptional and could not reasonably have been foreseen at the time of the person’s application for the advance payment; and
(ii) the person would suffer severe financial hardship if the advance payment deduction that would otherwise apply were to continue;
the Commission may determine in writing that, for the period stated in the determination, the advance payment deduction is to be the lesser amount (which may be a nil amount) stated in the determination.
“(2) At any time while the determination is in force, the Commission may:
(a) vary the determination so as to require to be deducted from the person’s rate an advance payment deduction larger than the deduction (if any) previously applying under the determination, but smaller than the deduction applying immediately before the determination; or
(b) revoke the determination;
but only if the Commission is satisfied that the person would not suffer severe financial hardship because of the variation or revocation.
“(3) A variation or revocation of a determination must be in writing.
“67H.(1) If an advance payment deduction that would otherwise be deducted from a person’s rate of pension exceeds the part of the advance payment that the person has not yet repaid (by previous deductions under this Division or otherwise), the amount of that advance payment deduction equals the part that the person has not yet repaid.
Anne has been paid an advance of $450.00. Anne’s payment deduction is worked out under section 67E as follows: $450 13 = $34.62. This amount is rounded under section 67K to $34.60.
Anne has requested that the advance payment deduction be the larger amount of $55.00 (see section 67F), so that the advance will be repaid sooner.
If $55 is deducted from Anne’s fortnightly rate of pension, $440 will have been repaid after 8 successive fortnights, leaving $10 unpaid. Under this section, the final advance payment deduction will be $10.
“(2) This section has effect subject to section 67J.
“67J.(1) If the conditional payment rate (if any) referred to in the relevant Rate Calculator is less than the amount that would be the advance payment deduction apart from this subsection, the advance payment deduction is taken to be equal to the conditional payment rate.
“(2) Subsection (1) applies to the Service Pension Rate Calculator for ‘Frozen Rate’ Widows and Widowers as if references in that subsection to the
Note: The expression
conditional payment rate does not appear in the Method statements in points 43-A1, 45X-B2 and 45Y-B2. This is because those Method statements apply only to blind people and the relevant payment rate for a blind person will never be less than the advance payment deduction.
“67K. Amounts worked out under this Division must be rounded to the nearest 10 cents (rounding 5 cents upwards).
“67L.(1) In calculating, for the purposes of this Act, an amount of pension that would have been paid to a deceased person if the person had not died, any advance payment of pension that has been made to the person and has not been repaid is to be disregarded.
“(2) Subsection (1) does not affect the liability of the estate of the deceased person to repay to the Commonwealth so much of the advance payment as has not been repaid.”.
Add at the end:
“; or (g) a person has received an advance payment of service pension or of income support supplement.”.
Insert:
“(1AB) If:
(a) a person has received an advance payment of a service pension or of an income support supplement; and
(b) the service pension or income support supplement ceases to be payable to the person; and
(c) at the time when the service pension or income support supplement ceases to be payable the person has not repaid the whole of the advance payment;
the amount that has not been repaid is a debt due to the Commonwealth.”.
After “or (f)” insert “or subsection (1AB)”.
Insert after “or (f)” in paragraph (c) “or subsection (1AB)”.
Insert after “or (f)” in paragraph (d) “or subsection (1AB)”.
_____________
SCHEDULE 8 Subsection 3(1)
AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 IN RELATION TO PAYMENTS IN RESPECT OF DEATH
(a) Omit:
"bereavement period 5P",
substitute:
"bereavement period 53H".
(b) Omit the provisions relating to “bereavement notification day”, “first available bereavement adjustment payday”, “bereavement rate continuation period” and “bereavement lump sum period”.
Repeal.
Omit, substitute:
“
Repeal.
Repeal.
Repeal.
Repeal.
Repeal.
Insert:
“
“
“53H. In this Division:
“
“53J. This Subdivision applies if:
(a) a person (the
pensioner ) is receiving a pension; and(b) the pensioner is a member of a couple; and
(c) the other member of the couple (the
partner ) dies; and(d) immediately before the partner died, the partner was receiving a pension or a social security pension.
Note 1: Payments under this Subdivision are not affected by unrepaid advance payments of pension to a deceased person (section 67L).
Note 2: This Subdivision does not apply to a carer service pension or income support supplement if that pension or supplement is being received under section 53X.
“53K.(1) This section applies if the fortnightly amount of pension applicable in respect of the pensioner as a result of the partner’s death
“(2) The rate of pension that becomes applicable in respect of the pensioner as a result of the partner’s death applies with effect from the day after the day of the partner’s death.
“(3) Part of each amount of pension that is paid to the pensioner for a pension payday that occurs during the bereavement period is taken to be a bereavement payment. The part concerned is so much of the amount as is equal to the amount of pension or social security pension that was payable to the partner for the last pension payday that occurred on or before the day of the partner’s death.
“(4) This section has effect subject to section 53M.
“53L.(1) This section applies if the fortnightly amount of pension applicable in respect of the pensioner as a result of the partner’s death
“(2) Pension continues to be payable to the pensioner during the bereavement period at the rate at which it was payable immediately before the partner’s death.
“(3) The rate of pension that, apart from subsection (2), would be applicable in respect of the pensioner as a result of the partner’s death applies with effect from the day after the end of the bereavement period.
“(4) There is payable to the pensioner, for each pension payday in the bereavement period, a bereavement payment equal to the amount of the pension or social security pension that was payable to the partner for the last pension payday that occurred on or before the day of the partner’s death.
“(5) All or any of the bereavement payments payable to the pensioner under subsection (4) may be paid in advance in a lump sum.
“(6) This section has effect despite subsection 38C(2) but is subject to section 53M.
“53M.(1) This section applies in determining for the purposes of section 53K or 53L the amounts of pension or social security pension that were payable to the pensioner and the partner for the last pension payday that occurred on or before the day of the partner’s death.
“(2) If the pensioner and partner were an illness separated couple or a respite care couple on the last pension payday, the amounts of pension or social security pension referred to in subsection (1) are to be worked out as if the pensioner and partner were not members of an illness separated couple or respite care couple but remained members of a couple.
“(3) If the partner was a war widow or war widower who was receiving a service pension, the amount of that pension that was payable to the partner for the last pension payday is taken to be the amount that would have been payable if section 41, 42 or 43 (whichever is appropriate) had applied in working out the rate of the pension and section 45 had not applied.
‘‘(4) If the partner was a war widow or war widower who was receiving an income support supplement, the amount of that supplement that was payable to the partner for the last pension payday is taken to be:
(a) in respect of a partner who was not permanently blind—the amount that would have been payable if the ceiling rate, or adjusted ceiling rate, as the case may be, were greater than the adjusted income reduced rate and the assets reduced rate; or
(b) in respect of a partner who was permanently blind:
(i) if an adjusted ceiling rate applied as a result of a lump sum payment—the higher of the maximum basic rate and the adjusted ceiling rate; or
(ii) otherwise—the maximum basic rate.
“(5) In determining under subsection (4) the amount of the income support supplement that was payable to the partner for the last pension payday, it is to be assumed that the adjusted income of the partner did not include the income referred to in paragraph (c) of the definition of
“(6) If the partner was a war widow or war widower who was receiving a social security pension, the amount of that pension that was payable to the partner for the last pension payday is taken to be the amount that would have been payable if:
(a) subsections 1064(5) and (6) and 1065(4) and (5) of the Social Security Act had not been enacted; and
(b) the ordinary income of the partner did not include any instalment of pension that was payable to the partner under subsection 30(1).
“53N.(1) This section applies if, on a day during the bereavement period, the pensioner:
(a) ceases to receive the pension; and
(b) begins to receive another pension or to receive a social security pension.
“(2) If the pensioner receives, for a pension payday occurring during the remainder of the bereavement period, a payment of the other pension or of the social security pension, part of the payment is taken to be a bereavement payment. The part concerned is so much of the payment as is equal to the amount of the pension or social security pension that was payable to the partner for the last pension payday that occurred on or before the day of the partner’s death.
“
“53P. This Subdivision applies if:
(a) a person (the
pensioner ) is receiving a pension; and(b) either:
(i) the pensioner is not a member of a couple; or
(ii) the pensioner is a member of a couple and the pensioner’s partner is not receiving a service pension or income support supplement, is not receiving a social security pension and is not receiving a social security benefit; and
(c) the pensioner dies.
“53Q.(1) Sections 123 to 123E do not apply as a result of the pensioner’s death but there is payable to any person whom the Commission thinks appropriate an amount equal to the amount of pension that would have been payable to the pensioner (including, to remove any doubt, any amount of pension that would have been payable under this Division) for the first pension payday after the day of the pensioner’s death if the pensioner had not died.
“(2) If the amount is paid under subsection (1) in respect of the pensioner, the Commonwealth is not liable to any action, claim or demand for further payment under that subsection in respect of the pension.
“(3) If a lump sum bereavement payment that included an amount for a pension payday that occurred after the day of the pensioner’s death had been made to the pensioner under this Division before the pensioner’s death, the amount is not recoverable from the pensioner’s estate.
“
“53R. This Subdivision applies if:
(a) a person (the
pensioner ) is receiving a pension; and(b) a child dies; and
(c) immediately before the child died, the pensioner’s pension rate included:
(i) a dependent child add-on in respect of the child; or
(ii) guardian allowance in respect of the child.
“53S.(1) Pension continues to be payable to the pensioner for pension paydays during the bereavement period as if the child had not died.
“(2) The rate of pension that becomes applicable to the pensioner as a result of the child’s death applies with effect from the day after the end of the bereavement period.
“53T.(1) Part of each instalment of pension that is paid to the pensioner for a pension payday that occurs during the bereavement period is taken to be a bereavement payment. The part concerned is so much of the instalment as related to the child.
“(2) All or any of the bereavement payments payable to the pensioner under subsection (1) may be paid in advance in a lump sum.
“
“53U. In this Subdivision:
“53V.(1) If:
(a) a person (the
pensioner ) is receiving a pension; and(b) the pensioner is caring for a person who is not the pensioner’s partner; and
(c) the person being cared for dies;
the pensioner remains eligible for the pension during the bereavement period as if the person being cared for had not died.
“(2) Any amounts paid to the pensioner under subsection (1) are bereavement payments.
“(3) All or any of the bereavement payments payable to the pensioner under subsection (1) may be paid in advance in a lump sum.
“(4) If the pensioner is eligible for a pension solely because of this section, the rate at which the pension is payable is to be determined having regard to the pensioner’s actual circumstances.
“(5) A person’s entitlements under this Subdivision are instead of, and not in addition to, any entitlements that the person would have to a pension, a social security pension or a social security benefit if this section had not been enacted.
“(6) If a person to whom subsection (1) applies receives, for a pension payday occurring during the bereavement period, a payment of a pension otherwise than under this section, a payment of a social security pension or
a payment of a social security benefit, part of the payment is taken to be a bereavement payment. The part concerned is so much of the payment as is equal to the amount of the pension under this section that would, apart from subsection (5), have been payable to the person for that payday.
Note: This Subdivision does not apply if the pension is being received under section 53X.
“53W.(1) A lump sum is payable to a person under this section if:
(a) the person is receiving a pension; and
(b) the person is caring for another person who is not the person’s partner; and
(c) the person being cared for dies; and
(d) immediately before the death of the person being cared for, either:
(i) the person being cared for was not a member of a couple; or
(ii) the person being cared for was a member of a couple and the partner of the person being cared for was not receiving a pension, was not receiving a social security pension and was not receiving a social security benefit.
Note: If the partner of the person being cared for was receiving a pension, a social security pension or a social security benefit, the partner would be eligible to receive bereavement payments in respect of the death of the person being cared for.
“(2) The amount of the lump sum under this section is the lesser of:
(a) the amount worked out using the formula:
(b) the amount worked out using the formula:
where:
“(3) An amount paid under this section is a bereavement payment.”.
Add at the end of each section:
“Note: Sections 123 to 123E do not apply if Subdivision C of Division 12A of Part IIIB applies.”.
SCHEDULE 9 Subsection 3(1)
OTHER AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986
Omit, substitute:
“(1) A person is eligible for a carer service pension if the person personally provides constant care for a severely handicapped veteran.”.
Insert in Module C:
“42-C8. The rate guardian allowance is taken to be increased by $104 on 19 September 1996.”.
Omit “person; and”, substitute “person.”.
Omit.
Insert in Module G:
“45Y-G10. The rate of guardian allowance is taken to be increased by $104 on 19 September 1996.”.
Omit “and 58J”, substitute 58J and 58JA’.
Insert in Subdivision A of Division 17 of Part IIIB:
“58JA.(1) The recipient of a pension may, by writing, request the Commission to make deductions from instalments of the pension for the purpose of making payments included in a class of payments approved by the Minister.
“(2) If such a request is made, the Commission may make the deductions and, if it does so, is to pay the amounts deducted in accordance with the request.
“(3) The Minister may, by writing, approve classes of payments for the purposes of this section.
“(4) An approval is a disallowable instrument for the purposes of section 46A of the
SCHEDULE 10 Subsection 3(2)
AMENDMENT OF THE SOCIAL SECURITY AND VETERANS’ AFFAIRS LEGISLATION AMENDMENT ACT 1988
Omit, substitute:
“(a) when the person is no longer entitled to be paid a pension under Part III of the
Veterans’ Entitlements Act 1986 or a social security payment under theSocial Security Act 1947 ; or”.
Omit, substitute:
“(a) when the person is no longer entitled to be paid a pension under Part III of the
Veterans’ Entitlements Act 1986 or a social security payment under theSocial Security Act 1947 ; or”.
After “pension” insert “or a social security payment under the
After “pension” insert “or a social security payment under the
After “service pension” insert an income support supplement”.
After “service pension rate” insert “or income support supplement rate”.
After “service pension” (wherever occurring) insert “or income support supplement”.
After “service pension rate” insert “or income support supplement rate”.
After “service pension” insert an income support supplement”.
After “service pension” insert “or income support supplement”.
Repeal.
_____________
SCHEDULE 11 Subsection 3(3)
AMENDMENT OF THE VETERANS’ AFFAIRS LEGISLATION AMENDMENT ACT (NO. 2) 1992
Insert:
“(aa) at all times on or after that date the person was entitled to be paid a service pension under the
Veterans’ Entitlements Act 1986 or a social security payment under theSocial Security Act 1991 ; and”.
Omit, substitute:
“(a) the person no longer receives a service pension under the
Veterans’ Entitlements Act 1986 or a social security payment under theSocial Security Act 1991 ; or”.
Omit, substitute:
“(b) after that date, the person becomes entitled to be paid a service pension or an income support supplement; and”.
Omit, substitute:
“(a) the person no longer receives a service pension or an income support supplement under the
Veterans' Entitlements Act 1986 , or a social security payment under theSocial Security Act 1991 ; or”.
Repeal.
___________________
SCHEDULE 11 Subsection 3(4)
AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936
Insert:
“(aa) so much of the payment as was included in the payment because the taxpayer paid, or is liable to pay, a residential care charge; and”.
(a) After:
“Decoration allowance |24ACO”
insert:
"Income support supplement |24ACHA”.
(b) Omit “Pharmaceutical supplement”, substitute “Pharmaceutical allowance”.
Omit “pension”, substitute “payment”.
Omit.
Repeal, substitute:
“24ACC. In this Subdivision:
Repeal, substitute:
“24ACE. The treatment of payments of age service pension under Division 3 of Part III of the
(a) the supplementary amount is exempt;
(b) a bereavement payment is exempt;
(c) the balance is not exempt.
“24ACF.(1) The treatment of payments of invalidity service pension under Division 3 of Part III of the
“(2) The supplementary amount is exempt.
“(3) A bereavement payment is exempt.
“(4) The balance is treated in accordance with the following Table:
1 | Taxpayer not under pension age | Not exempt |
2 | Taxpayer under pension age | Exempt |
“24ACG.(1) The treatment of payments of partner service pension under Division 5 of Part III of the
“(2) The supplementary amount is exempt.
“(3) A bereavement payment is exempt.
“(4) The balance is treated in accordance with the following Table:
1 |
| Exempt |
| ||
2 |
| Exempt |
| ||
| ||
3 | Neither of the categories in items 1 and 2 applies | Not exempt |
“24ACH.(1) The treatment of payments of carer service pension under Division 6 of Part III of the
“(2) The supplementary amount is exempt.
“(3) A bereavement payment is exempt.
“(4) The balance is treated in accordance with the following Table:
1 |
| Exempt |
| ||
2 |
| Exempt |
| ||
| ||
3 | Neither of the categories in items 1 and 2 applies | Not exempt |
“24ACHA.(1) The treatment of payments of income support supplement under Part IIIA of the
“(2) The supplementary amount is exempt.
“(3) A bereavement payment is exempt.
“(4) The balance is treated in accordance with the following Table:
1 | Taxpayer is:
| Exempt |
| ||
2 |
| Exempt |
| ||
3 |
| Exempt |
| ||
| ||
| ||
4 | None of the categories in items 1,2 and 3 applies | Not exempt |
Repeal.
Repeal.
Omit “or the
Seamen’s War Pensions and Allowances Act 1940 ”.
Omit “invalid”, substitute “invalidity”.
Insert:
“ or (iii) a partner service pension under Division 5 of Part III of the
Insert:
“(cc) during the whole of that period:
(i) the person was receiving income support supplement under Part IIIA of the
Veterans’ Entitlements Act 1986 ; and(ii) the rate of the person’s income support supplement was worked out under point 45X-B2 in Module B of the Income Support Supplement Rate Calculator at the end of section 45X, or under point 45Y-B2 in Module B of the Income Support Supplement Rate Calculator at the end of section 45 Y, of the
Veterans’ Entitlements Act 1986 ;”.
The amendments made by this Schedule apply to assessments in respect of income of the 1995-96 year of income and of all later years of income.
Note: The heading to section 24ACW is altered by omitting “supplement” and substituting "allowance”.
___________________
SCHEDULE 13 Subsection 3(5)
AMENDMENT OF THE FRINGE BENEFITS TAX (APPLICATION TO THE COMMONWEALTH) ACT 1986
Insert:
“
Insert:
“6AA. For the purposes of the application of the Assessment Act in accordance with this Act, if a benefit (other than a benefit referred to in section 6) is provided, in respect of the employment of a Commonwealth employee, because of the employee being:
(a) a veteran as defined by subsection 5C(1) of the Entitlements Act to whom, or in respect of whom, a pension is payable under Part II of that Act; or
(b) a veteran as defined by subsection 5C(1) of the Entitlements Act who is eligible to receive a service pension, or in respect of whom a service pension is payable, under Part III of that Act; or
(c) a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1) of the Entitlements Act to whom, or in respect of whom, pension is payable under Part IV of that Act;
the benefit is an exempt benefit.
“6AB. For the purposes of the application of the Assessment Act in accordance with this Act, if a benefit is provided under the Entitlements Act in respect of the employment of a Commonwealth employee, the benefit is an exempt benefit.
“6AC.(1) For the purposes of the application of the Assessment Act in accordance with this Act, if a benefit that consists of the provision of health care and is not otherwise an exempt benefit is provided, in respect of the employment of a Commonwealth employee, because of the employee being a member of the Defence Force, the first-mentioned benefit is an exempt benefit.
“(2) In this section, a reference to an employee being a member of the Defence Force is a reference to an employee who is, was formerly, or will become, a member of the Defence Force.”.
The amendments made by this Schedule apply to assessments in respect of the fringe benefits taxable amount of the year of tax that began on 1 April 1995 and of all later years of tax.
SCHEDULE 14 Subsection 3(6)
AMENDMENT OF THE SOCIAL SECURITY ACT 1991
After subclause 63(9) insert:
“(10) If:
(a) a person is receiving a social security pension or a social security benefit; and
(b) neither subclause (1) nor (3) applies to the person; and
(c) the person has become or becomes a member of a couple; and
(d) the person’s partner is receiving a pension under the
Veterans’ Entitlements Act 1986 and is a person to whom clause 4 of Schedule 5 to that Act applies;
the amount by way of rent assistance to be used to calculate the rate of the person’s social security pension or social security benefit is not to fall below one-half of the amount that would be the person’s partner’s floor amount if subclause (1) or (3) applied to the partner.”.
[
House of Representatives on 21 November 1995
Senate on 22 November 1995
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