Family and Community Services Legislation Amendment (One‑off Payment to the Aged) Act 2001
No. 43, 2001
Family and Community Services Legislation Amendment (One‑off Payment to the Aged) Act 2001
No. 43, 2001
An Act to provide a one‑off payment to the aged, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendments
Income Tax Assessment Act 1997
Social Security Act 1991
Social Security (Administration) Act 1999
Family and Community Services Legislation Amendment (One-off Payment to the Aged) Act 2001
No. 43, 2001
An Act to provide a one-off payment to the aged, and for related purposes
[Assented to 25 May 2001]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Family and Community Services Legislation Amendment (One‑off Payment to the Aged) Act 2001.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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
Income Tax Assessment Act 1997
1 Subsection 52‑10(1)
After “pension bonus”, insert “or one‑off payment to the aged”.
2 After subsection 52‑10(1A)
Insert:
(1B) One‑off payment to the aged under Part 2.2B of the Social Security Act 1991 is exempt from income tax.
Social Security Act 1991
3 After subparagraph 8(8)(y)(i)
Insert:
(ia) one‑off payment to the aged under regulations made under the Veterans’ Entitlements Act; or
4 After paragraph 8(8)(y)
Insert:
(ya) a payment made by the Commonwealth and known as the one‑off payment to the aged; or
5 After Part 2.2A
Insert:
Part 2.2B—One‑off payment to the aged
93X One‑off payment to the aged
(1) A person is qualified for one‑off payment to the aged if:
(a) the person has reached pension age on or before 22 May 2001; and
(b) a social security pension or a social security benefit is payable to the person on 22 May 2001; and
(c) the person is not:
(i) a veteran of pension age who is eligible to be paid an age service pension, or an invalidity service pension, under the Veterans’ Entitlements Act on 22 May 2001; or
(ii) a person (other than a veteran of pension age) who is eligible to be paid a partner service pension, or income support supplement, under the Veterans’ Entitlements Act on 22 May 2001; or
(iii) a person of pension age who is in receipt of a pension described in subsection 4(6) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986; or
(iv) a person who, under the ABSTUDY Scheme, has received a one‑off payment to the aged.
(2) The amount of the one‑off payment to the aged is a one‑off payment of $300.
Social Security (Administration) Act 1999
6 After section 12
Insert:
12A One‑off payment to the aged
A claim is not required for one‑off payment to the aged.
7 After paragraph 47(1)(f)
Insert:
(g) one‑off payment to the aged; or
8 After section 47
Insert:
47A Payment of one‑off payment to the aged
One‑off payment to the aged is to be paid to a person on the date that is determined by the Secretary to be the earliest date on which it is reasonably practicable for the payment to be made to the person.
[Minister’s second reading speech made in—
House of Representatives on 22 May 2001
Senate on 23 May 2001]
Overview
The Family and Community Services Legislation Amendment (One-off Payment to the Aged) Act 2001, enacted by the Parliament of Australia, was designed to provide a one-off payment to eligible aged individuals, thereby addressing a specific financial need within the senior population. The Act introduces amendments to several existing Acts, including the Income Tax Assessment Act 1997, the Social Security Act 1991, and the Social Security (Administration) Act 1999, to facilitate the implementation of this payment. It sets out the criteria for eligibility, the amount of the payment, and ensures that the payment is exempt from income tax. The policy objective of the Act is to provide financial support to the aged population without imposing additional administrative burdens, thereby offering timely relief to those in need.
Scope and Application
The Family and Community Services Legislation Amendment (One-off Payment to the Aged) Act 2001 amends several key pieces of Australian legislation to provide for a one-off payment to eligible aged individuals. This Act applies to individuals who have reached pension age on or before 22 May 2001, and who are receiving a social security pension or benefit on that date. Excluded from this payment are veterans of pension age who are eligible for age service or invalidity service pensions under the Veterans' Entitlements Act, individuals eligible for partner service pension or income support supplement under the same act, and those receiving certain other pensions specified in the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986. Additionally, individuals who have already received the one-off payment to the aged under the ABSTUDY Scheme are ineligible. The payment amount is set at $300 and is exempt from income tax. The Act also amends the Income Tax Assessment Act 1997 and the Social Security Act 1991 to reflect these changes, and modifies the Social Security (Administration) Act 1999 to exempt the one-off payment from the requirement for a claim and to mandate its payment on the earliest practicable date.
Key Provisions
The Family and Community Services Legislation Amendment (One-off Payment to the Aged) Act 2001 (C2004A00810) amends several existing Acts to provide a one-off payment of $300 to eligible aged individuals. Under section 93X of the Social Security Act 1991, a person is qualified for this payment if they have reached pension age on or before 22 May 2001, are receiving a social security pension or benefit on that date, and are not receiving certain other pensions or benefits, such as an age service pension or income support supplement under the Veterans’ Entitlements Act. This payment is exempt from income tax, as specified in the Income Tax Assessment Act 1997. Additionally, no claim is required for the one-off payment to the aged, as stated in section 12A of the Social Security (Administration) Act 1999, and the payment is to be made as soon as practicable, according to section 47A of the same Act.
The Act imposes specific eligibility criteria and conditions for the one-off payment to the aged. It is essential that individuals meet the age and pension requirements and do not receive other specified pensions or benefits. The Social Security (Administration) Act 1999 also requires that the payment be made at the earliest practicable date determined by the Secretary. The Act ensures that the payment process is straightforward and does not require a formal claim from the recipient.
Violations of the provisions in the Act can lead to various consequences. While the Act does not explicitly outline specific offences or penalties, any failure to adhere to the stipulated conditions for eligibility or the administrative processes could result in legal repercussions. For instance, if a person falsely claims eligibility for the payment, they could face charges related to fraud or misrepresentation under other relevant legislation, such as the Crimes Act 1914. Additionally, the Social Security Act 1991 includes provisions for penalties related to false claims or misrepresentation, which could include fines or imprisonment.