Household Stimulus Package (Household Stimulus Payment Administrative Scheme) (DEEWR) Determination 2009 (No. 1)

Household Stimulus Package (Household Stimulus Payment Administrative Scheme) (DEEWR) Determination 2009 (No. 1)

as amended

This compilation was prepared on 11 May 2009 taking into account amendments up to Household Stimulus Package (Household Stimulus Payment Administrative Scheme) (DEEWR) Amendment Determination 2009 (No. 1) (F2009L01626).

Prepared by the Department of Education, Employment and Workplace Relations.

Part 1 Preliminary

1 Name of determination

  This determination is the Household Stimulus Package (Household Stimulus Payment Administrative Scheme) (DEEWR) Determination 2009 (No. 1).

2 Commencement

  This determination commences on the day after it is registered.

3 Interpretation

 (1) In this determination:

Act means the Household Stimulus Package Act (No. 2) 2009.

AQF means the Australian Qualifications Framework.

Note   Information on the AQF can be found at www.aqf.edu.au.

Australian Postgraduate Award means an Australian Postgraduate Award under:

 (a) Chapter 2 of the Commonwealth Scholarships Guidelines (Research) 2008; or

 (b) Chapter 3 of the Commonwealth Scholarships Guidelines that commenced on 21 September 2005, as amended from time to time.

household stimulus payment means a payment under section 5 of this determination.

qualifying period means the period starting on 1 January 2009 and ending on 30 June 2009.

qualifying scholarship means a scholarship:

 (a) the value of which is at least $20 427 in the 2009 calendar year; and

 (b) that is payable as a stipend; and

 (c) for which a person must meet at least the following criteria to be eligible:

 (i) the person must be undertaking a research masters or research doctorate (within the meaning of the AQF);

 (ii) the person must not already hold a research doctorate (within the meaning of the AQF);

 (iii) the person must be enrolled as a full-time student.

Social Security Act means the Social Security Act 1991.

 (2) Unless the contrary intention appears, terms used in this determination and the Social Security Act have the same meaning in this determination as they do in that Act.

Note   The following terms are defined in, or have meanings given by, the Social Security Act:

• ABSTUDY
• Agency
• austudy payment
• CEO
• Family Assistance Act
• family tax benefit
• FTB child
• Military Rehabilitation and Compensation Act Education and Training Scheme
• new apprentice
• Veterans’ Children Education Scheme
• youth allowance

Part 2 Household stimulus payments

4 Purpose of Part

  This Part sets out the circumstances in which a person qualifies for a household stimulus payment.

5 Household stimulus payments in respect of or to students

Payments to family tax benefit Part A recipients with student children aged 19 to 24 enrolled in first semester 2009

 (1) The Secretary may determine that a person is qualified for a household stimulus payment if, on a day in the qualifying period (qualifying day):

 (a) the person was entitled to family tax benefit; and

 (b) the rate of family tax benefit payable in relation to that day consisted of or included a Part A rate greater than nil worked out taking into account at least one FTB child aged 19 or more and less than 25; and

 (c) the person would have been entitled to a back to school bonus under section 95 of the Family Assistance Act if:

 (i) the qualifying day was 3 February 2009; and

 (ii) the child mentioned in paragraph (b) was aged 4 or more and less than 19 on that day; and

 (d) the child mentioned in paragraph (b) was undertaking full-time study (within the meaning given by section 541B of the Social Security Act).

Payments to students on income support enrolled in first semester 2009

 (2) The Secretary may determine that a person is qualified for a household stimulus payment if:

 (a) the person receives an instalment of one or more of the following payments in respect of a period including a day in the qualifying period:

 (i) youth allowance;

 (ii) austudy payment;

 (iii) a payment under the ABSTUDY scheme that includes an amount identified as living allowance;

 (iv) an education allowance under section 3.2, 3.3, 3.4, 3.5, 3.6 or 3.6A of the Veterans’ Children Education Scheme;

 (v) an education allowance under section 3.2, 3.3, 3.4, 3.5 or 3.6 of the Military Rehabilitation and Compensation Act Education and Training Scheme; and

 (b) the person qualifies or is eligible for that payment because the person is, in respect of that day:

 (i) enrolled in an approved course that is being run during the qualifying period; or

 (ii) a new apprentice.

Payments to recipients of certain postgraduate scholarships in first semester 2009

 (2A) The Secretary may determine that a person is qualified for a household stimulus payment if the person:

 (a) receives one of the following awards or scholarships in respect of a period including a day in the qualifying period:

 (i) an Australian Postgraduate Award;

 (ii) an Australian Research Council Australian Postgraduate Award (Industry);

 (iii) a National Health and Medical Research Council Postgraduate Research Scholarship;

 (iv) a qualifying scholarship; and

 (b) is an Australian citizen or permanent resident on that day.

Multiple entitlement exclusions

 (3) A person cannot qualify for a household stimulus payment under subsection (1) in respect of an FTB child if:

 (a) any person qualifies for a training and learning bonus under subsection 910 (4) of the Social Security Act in respect of that child; or

 (b) any person is entitled to a back to school bonus under section 95 of the Family Assistance Act in respect of that child; or

 (c) any person has qualified for a household stimulus payment under subsection (1) in respect of that child at an earlier time; or

 (d) the FTB child has qualified for a household stimulus payment under subsection (2) at an earlier time; or

 (e) the FTB child has qualified for an education entry payment supplement under section 665ZZA of the Social Security Act at an earlier time.

  (4) A person cannot qualify for a household stimulus payment under subsection (1) if the person is entitled to a back to school bonus under section 98 of the Family Assistance Act.

 (5) A person cannot qualify for a household stimulus payment under subsection (2) or (2A) if the person:

 (a) is qualified for a training and learning bonus under subsection 910 (2) of the Social Security Act; or

 (b) would be qualified for a training and learning bonus under subsection 910 (2) of the Social Security Act but for the operation of subsection 910 (6) of that Act; or

 (c) is an FTB child in respect of whom another person:

 (i) is qualified for a training and learning bonus under subsection 910 (4) of the Social Security Act; or

 (ii) is entitled to a back to school bonus under section 95 of the Family Assistance Act; or

 (iii) was qualified for a household stimulus payment under subsection (1) at an earlier time; or

 (d) qualifies for an education entry payment supplement under section 665ZZA of the Social Security Act.

 (6) A person cannot receive more than one household stimulus payment under this section, regardless of how many times the person qualifies under this section.

Note   The amount of a person’s household stimulus payment can, however, be increased if the basis on which they qualify changes and as a result the amount they are entitled to increases: see subsection 6 (3).

6 Amount of household stimulus payment

 (1) The amount of a person’s household stimulus payment is:

 (a) if the person qualifies under subsection 5 (1) and not under subsection 5 (2) or (2A) — $950 for each FTB child because of whom the person so qualifies; or

 (b) if the person qualifies under subsection 5 (2) or (2A) and not under subsection 5 (1) — $950; or

 (c) if the person qualifies under subsections 5 (1) and (2) or (2A) — the sum of:

 (i) $950; and

 (ii) $950 for each FTB child because of whom the person so qualifies.

 (2) However, despite paragraph (1) (a) and subparagraph (1) (c) (ii), subsections 97 (3), (4) and (5) of the Family Assistance Act apply in relation to the amount of a person’s household stimulus payment in relation to an FTB child in the same way as they would apply in relation to the amount of a back to school bonus under that Act.

 (3) Also, if:

 (a) a person qualifies for a household stimulus payment at a particular time (earlier household stimulus payment); and

 (b) at a later time the person qualifies for a household stimulus payment (later household stimulus payment); and

 (c) the amount of the later household stimulus payment under subsections (1) and (2) is larger than the amount of the earlier household stimulus payment under subsections (1) and (2);

the amount of the person’s household stimulus payment is the amount of the later household stimulus payment.

Part 3 Administration

7 Claims for household stimulus payments

 (1) A person is not required to make a claim for a household stimulus payment under subsections 5 (1) and (2).

 (2) A person must make a claim for a household stimulus payment under subsection 5 (2A):

 (a) in the manner and form approved by the Secretary; and

 (b) on or before 30 June 2010.

8 Request for information

 (1) If the Secretary requires information from a person to determine that person’s qualification for a household stimulus payment, the Secretary may, by written notice, request that information from the person.

 (2) If the Secretary has requested information from a person under subsection (1), the Secretary is not required to determine whether the person qualifies for a household stimulus payment until the person provides the information.

9 Payment of household stimulus payment

 (1) If the Secretary determines that a person is qualified for a household stimulus payment, the Secretary must pay the household stimulus payment in accordance with this section.

 (2) The Secretary must pay the payment in a single lump sum:

 (a) to the person (or if the person has a payment nominee under the Social Security (Administration) Act 1999 or the A New Tax System (Family Assistance) (Administration) Act 1999, to that nominee); and

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

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

 (3) However, if:

 (a) the person is qualified for a household stimulus payment under subparagraph 5 (2) (a) (i) because the individual received an instalment of youth allowance for a day in the qualifying period; and

 (b) the whole or a part of the person’s instalment was paid to a parent of the person under section 45 of the Social Security (Administration) Act 1999;

the Secretary may pay the whole, or the same proportion, of the person’s household stimulus payment to that parent or to any other person.

 (4) Also, if:

 (a) the person is qualified for a household stimulus payment:

 (i) under subparagraph 5 (2) (a) (iii) because the individual received an instalment of living allowance under the ABSTUDY Scheme for a day in the qualifying period; or

 (ii) under subparagraph 5 (2) (a) (iv) or (v) because the individual was receiving an instalment of education allowance under the scheme referred to in that paragraph for a day in the qualifying period; and

 (b) the whole or a part of the person’s instalment was paid to another person (the recipient);

the Secretary may pay the whole, or the same proportion, of the person’s household stimulus payment to the recipient or to any other person.

10 Debts

 (1) If an amount of stimulus payment has been paid to a person, the amount is a debt due to the Commonwealth only if subsection (2) or (3) applies.

 (2) If:

 (a) a person has received a household stimulus payment; and

 (b) after the payment was made to the person, the Secretary determines that the person was not qualified for the payment; and

 (c) the reason, or one of the reasons, why the Secretary made that determination was that the person made a particular statement, or provided particular information, that:

 (i) was relevant to the person’s qualification for the payment; and

 (ii) was false or misleading; and

 (d) the recipient made the statement, or provided the information, knowing that it was false or misleading;

the amount of the payment is a debt due to the Commonwealth by the person.

 (3) If:

 (a) the Secretary has paid a person’s household stimulus payment to another person (the recipient) under subsection 9 (3) or (4); and

 (b) the reason why, or one of the reasons why, the Secretary decided to pay the payment to the recipient was that the recipient made a particular statement or provided particular information; and

 (c) after the payment is made, the Secretary becomes satisfied that:

 (i) the statement or information is false or misleading; and

 (ii) the recipient made the statement, or provided the information, knowing that it was false or misleading; and

 (iii) the bonus should have been paid to a person other than the recipient;

the amount of the payment is a debt due to the Commonwealth by the recipient.

 (4) A debt due to the Commonwealth under subsection (2) or (3) is recoverable by the Commonwealth:

 (a) if the person who owes the debt is receiving a social security payment — from that payment; or

 (b) if the person who owes the debt is entitled to an amount of family tax benefit — from that benefit; or

 (c) in a court of competent jurisdiction.

 (5) Subsections 1231 (1A), (1AA) and (1B) of the Social Security Act apply to recovery of a debt under paragraph (4) (a) as if the debt were a debt under that Act.

 (6) Subsections 84 (2) and 84A (2) and (4) of the A New Tax System (Family Assistance) (Administration) Act 1999 apply to the recovery of a debt under paragraph (4) (b) as if the debt were a debt under section 82 of that Act.

11 Delegation

 (1) The Secretary may, in writing, delegate all or any of the powers of the Secretary under this determination to:

 (a) an officer of the Department; or

 (b) the CEO.

 (2) The CEO may, in writing, delegate all or any powers of the Secretary delegated to him or her under subsection (1) to an employee of the Agency.

Note to the Household Stimulus Package (Household Stimulus Payment Administrative Scheme) (DEEWR) Determination 2009 (No. 1)

Note 1

The Household Stimulus Package (Household Stimulus Payment Administrative Scheme) (DEEWR) Determination 2009 (No. 1) in force under subitem 1 (1) of Schedule 4 to the Household Stimulus Package Act (No. 2) 2009 as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Table of Amendments