Families, Community Services and Indigenous Affairs Legislation Amendment (Child Disability Assistance) Act 2007

Administered by Department of Social Services

Legislation au C2007A00182 In force Act

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Families, Community Services and Indigenous Affairs Legislation Amendment (Child Disability Assistance) Act 2007

 

No. 182, 2007

 

 

 

 

 

An Act to amend the law in relation to social security, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Part 1—Main amendments

Social Security Act 1991

Social Security (Administration) Act 1999

Part 2—Related amendments

Income Tax Assessment Act 1936

Income Tax Assessment Act 1997

 

 

 

Families, Community Services and Indigenous Affairs Legislation Amendment (Child Disability Assistance) Act 2007

No. 182, 2007

 

 

 

An Act to amend the law in relation to social security, and for related purposes

[Assented to 28 September 2007]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Disability Assistance) Act 2007.

2  Commencement

 (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

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

28 September 2007

2.  Schedule 1, items 1 to 8

1 October 2007.

1 October 2007

3.  Schedule 1, items 9 to 13

The later of:

(a) the start of 1 October 2007; and

(b) immediately after the commencement of item 17 of Schedule 1 to the Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 October 2007

(paragraph (a) applies)

4.  Schedule 1, items 14 to 17

1 October 2007.

1 October 2007

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

Part 1—Main amendments

Social Security Act 1991

1  Subsection 23(1)

Insert:

child disability assistance means child disability assistance under Part 2.19AA.

2  After Part 2.19

Insert:

Part 2.19AA—Child disability assistance

 

992MA  Child disability assistance definitions

  In this Part:

care receiver has the same meaning as in Part 2.19.

disabled child has the same meaning as in Part 2.19.

eligible care receiver has the meaning given by section 992MC.

qualified person has the meaning given by subsection 992MB(1).

qualifying instalment has the meaning given by subsection 992MB(2).

992MB  Qualification for child disability assistance

 (1) A person (the qualified person) is qualified for child disability assistance in respect of a particular 1 July if the following conditions are satisfied in respect of one or more instalments of carer allowance:

 (a) the person was paid the instalment in respect of a period that included that 1 July;

 (b) the instalment was for a care receiver who was a disabled child or for care receivers who were 2 disabled children.

 (2) Each instalment in respect of which the conditions in subsection (1) are satisfied is a qualifying instalment.

992MC  Eligible care receivers

 (1) Each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.

 (2) However, if subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.

992MD  Amount of child disability assistance

 (1) The amount of child disability assistance for the qualified person in respect of the 1 July is worked out by adding together the amount applicable under subsection (2) for each eligible care receiver in relation to the qualified person.

 (2) The amount applicable under this subsection for an eligible care receiver is:

 (a) $1,000; or

 (b) if the rate at which the qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver—that share of $1,000.

3  Application of child disability assistance

Section 992MB of the Social Security Act 1991 applies in relation to 1 July 2007 and each subsequent 1 July.

4  Subsection 1222(2) (after table item 4)

Insert:

4A

1223ABB
(debts in respect of child disability assistance)

deductions
legal proceedings
garnishee notice
repayment by instalments

1231, 1234A
1232
1233
1234

5  After section 1223ABA

Insert:

1223ABB  Debts in respect of child disability assistance

 (1) If:

 (a) child disability assistance is paid to a person; and

 (b) the assistance is paid because the person was paid an instalment of carer allowance in respect of a period that included a particular 1 July; and

 (c) the 1 July component of the instalment, or any part of the 1 July component, becomes a debt due to the Commonwealth;

then:

 (d) the amount of child disability assistance determined under subsection (2) or (3) is a debt due to the Commonwealth; and

 (e) the debt is taken to have arisen when the amount was paid to the person.

 (2) If all of the 1 July component of the instalment becomes a debt due to the Commonwealth, the amount of child disability assistance that is a debt due to the Commonwealth is the amount of assistance that was paid in respect of the eligible care receiver to whose care the instalment relates.

 (3) If only part of the 1 July component of the instalment becomes a debt due to the Commonwealth, the amount of child disability assistance that is a debt due to the Commonwealth is the difference between:

 (a) the amount paid in respect of the eligible care receiver to whose care the instalment relates; and

 (b) the amount applicable under subsection 992MD(2) for the eligible care receiver to whose care the instalment relates, based on the determination under subsection 981(1) that had effect in respect of the 1 July at the time the part of the 1 July component became a debt.

 (4) In this section:

1 July component, of an instalment of carer allowance in respect of a period that includes a particular 1 July, means the amount of carer allowance in respect of that period that is applicable to the 1 July.

Social Security (Administration) Act 1999

6  After section 12D

Insert:

12E  Child disability assistance

  A claim is not required for child disability assistance.

7  Subsection 47(1) (after paragraph (aa) of the definition of lump sum benefit)

Insert:

 (ab) child disability assistance; or

8  After section 50

Insert:

50A  Payment of child disability assistance

  If an individual is qualified for child disability assistance in respect of a particular 1 July, the Secretary must pay the assistance to the individual in a single lump sum:

 (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and

 (b) in such manner as the Secretary considers appropriate.

9  Section 123TC (before paragraph (a) of the definition of category C welfare payment)

Insert:

 (aa) child disability assistance; or

10  Section 123TC (before paragraph (a) of the definition of category G welfare payment)

Insert:

 (aa) child disability assistance; or

11  Section 123TC (after paragraph (g) of the definition of category I welfare payment)

Insert:

 (ga) child disability assistance; or

12  Section 123TC (after paragraph (b) of the definition of category Q welfare payment)

Insert:

 (ba) child disability assistance; or

13  Section 123TC (after paragraph (f) of the definition of category S welfare payment)

Insert:

 (fa) child disability assistance; or


Part 2—Related amendments

Income Tax Assessment Act 1936

14  Subsection 159J(6) (after subparagraph (ad)(i) of the definition of separate net income)

Insert:

 (ia) child disability assistance;

Income Tax Assessment Act 1997

15  Section 11‑15 (table item headed “social security or like payments”)

Before:

Commonwealth education or training payment.......

Subdivision 52‑F

insert:

child disability assistance.....................

Subdivision 52‑A

16  After paragraph 52‑10(1)(a)

Insert:

 (aa) child disability assistance; or

17  After subsection 52‑10(1A)

Insert:

 (1AA) Child disability assistance under Part 2.19AA of the Social Security Act 1991 is exempt from income tax.

 

 [Minister’s second reading speech made in—

House of Representatives on 16 August 2007

Senate on 13 September 2007]

(158/07)

 

Overview

The Families, Community Services and Indigenous Affairs Legislation Amendment (Child Disability Assistance) Act 2007 was enacted to address a gap in the social security system concerning support for disabled children. The Act was passed by the Parliament of Australia and received Royal Assent on 28 September 2007. Its policy objective was to provide a specific form of assistance to families with disabled children, ensuring that these families receive appropriate support without the need for additional claims or applications. The Act introduced the concept of child disability assistance into the Social Security Act 1991, providing eligible families with financial support directly related to their carer allowance payments. This amendment streamlined the process for families to receive necessary assistance for their disabled children, improving the efficacy and reach of the social security system in supporting vulnerable members of the community.

Scope and Application

The Families, Community Services and Indigenous Affairs Legislation Amendment (Child Disability Assistance) Act 2007 amends the Social Security Act 1991 to introduce child disability assistance, which is a form of financial support for families with disabled children. This Act applies to persons who qualify for child disability assistance based on their receipt of carer allowance for disabled children, and it affects entities involved in the administration and payment of these benefits, such as the Department of Families, Community Services and Indigenous Affairs. The Act extends its application through subordinate instruments, particularly through amendments to the Social Security (Administration) Act 1999 and related income tax laws. The geographic reach of this Act is national, as it pertains to Commonwealth legislation affecting social security across Australia. There are no specific exclusions or thresholds outlined in the Act itself, but eligibility for child disability assistance is determined by the conditions specified in the Social Security Act 1991. The Act also makes related amendments to the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997 to ensure that child disability assistance is exempt from income tax. These amendments align the treatment of child disability assistance with other social security payments for tax purposes. The Act’s provisions commenced on various dates starting from the date of Royal Assent, 28 September 2007, with most sections coming into effect on 1 October 2007. The amendments to the Social Security Act 1991 and related acts ensure that the new child disability assistance scheme is fully operational and integrated into the existing social security framework.

Key Provisions

The Families, Community Services and Indigenous Affairs Legislation Amendment (Child Disability Assistance) Act 2007 introduces significant changes to the Social Security Act 1991 and the Social Security (Administration) Act 1999, as well as related amendments to the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997. The primary objective of the Act is to establish a new form of assistance, known as child disability assistance, for individuals who care for disabled children. According to Section 992MA of the Social Security Act 1991, a person qualifies for child disability assistance if they received a carer allowance instalment for a period that includes 1 July and that instalment was for a disabled child or for two or more disabled children. Each qualifying instalment is considered a qualifying instalment, and each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person. The Act imposes specific obligations on the Secretary of the Department of Families, Community Services and Indigenous Affairs, as outlined in Section 1223ABB of the Social Security Act 1991. If child disability assistance is paid to a person, and that assistance is due to a carer allowance instalment that includes 1 July, then the assistance becomes a debt if the 1 July component of the instalment becomes a debt due to the Commonwealth. The Act further mandates that no claim is required for child disability assistance, and the Secretary must pay the assistance in a single lump sum on the earliest practicable date, as stated in Section 12E of the Social Security (Administration) Act 1999. Failure to comply with the provisions of this Act can result in serious consequences. Section 1223ABB of the Social Security Act 1991 specifies that if child disability assistance is paid and subsequently becomes a debt, the amount of assistance that was paid is considered a debt due to the Commonwealth. Additionally, child disability assistance is subject to income tax exemptions under the Income Tax Assessment Act 1997, as indicated in Section 11-15 of the Act. Non-compliance with these provisions can lead to financial liabilities and tax implications for the affected individuals or entities. The maximum penalties for such breaches are not explicitly stated in the provided text, but they are likely to be substantial, given the serious nature of the obligations imposed by the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.