Social Security and Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009

Administered by Department of Social Services

Legislation au C2009A00035 In force Act

Legislation content

 

 

 

 

 

 

Social Security and Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009

 

No. 35, 2009

 

 

 

 

 

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

 

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Carer supplement

Part 1—Main amendments

Social Security Act 1991

Social Security (Administration) Act 1999

Part 2—Related amendments

Income Tax Assessment Act 1997

Schedule 2—Indexation

A New Tax System (Family Assistance) Act 1999

 

 

 

Social Security and Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009

No. 35, 2009

 

 

 

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

[Assented to 27 May 2009]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Social Security and Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009.

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.

27 May 2009

2.  Schedule 1

The day on which this Act receives the Royal Assent.

27 May 2009

3.  Schedule 2

30 June 2009.

30 June 2009

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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Part 1—Main amendments

Social Security Act 1991

1  Subsection 23(1)

Insert:

carer supplement means carer supplement under Part 2.19B.

2  After Part 2.19A

Insert:

Part 2.19B—Carer supplement

 

992X  Carer supplement for 2009 and later years

Qualifying for carer supplement

 (1) A person (the qualified person) is qualified for carer supplement for a year if the person was or is paid an instalment (the qualifying instalment) of carer allowance, carer payment or carer service pension in respect of a period that includes:

 (a) 12 May in the year if the year is 2009; or

 (b) 1 July in the year if the year is a later year.

Note: There may be more than one qualifying instalment for carer supplement for a year. For example, if a person is paid both an instalment of carer allowance and an instalment of carer payment in respect of a period including 1 July 2010, both instalments are qualifying instalments for carer supplement for 2010 for the person.

Amount of carer supplement

 (2) The amount of carer supplement for the qualified person for the year is the total worked out in accordance with the table (taking account of every relevant item of the table):

 

Amount of carer supplement

Item

If:

Include this amount in the total:

1

The qualifying instalment is of carer allowance

The amount worked out under subsection (3) for each eligible care receiver (see subsections (4) and (5))

2

The qualifying instalment is of carer payment

$600

3

The qualifying instalment is of carer service pension

$600

4

Both of the following apply:

(a) the qualifying instalment is of carer allowance;

(b) the qualified person was or is also paid an instalment of wife pension in respect of a period that includes the day described in subsection (1) for the year

$600

5

Both of the following apply:

(a) the qualifying instalment is of carer allowance;

(b) the qualified person was or is also paid an instalment of partner service pension under the Veterans’ Entitlements Act in respect of a period that includes the day described in subsection (1) for the year

$600

Amount for eligible care receiver

 (3) The amount for an eligible care receiver is:

 (a) $600; or

 (b) if the rate at which the qualifying instalment was paid takes account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to the eligible care receiver—that share of $600.

Example 1: Assume that:

(a) the qualified person qualifies for carer supplement for 2010 because he or she is paid a qualifying instalment of carer allowance relating to 3 eligible care receivers; and

(b) the rate of the qualifying instalment takes account of a determination under subsection 981(1) of a half share in relation to one of those eligible care receivers; and

(c) the qualified person is also paid an instalment of partner service pension for a period including 1 July 2010.

 The amount of carer supplement for the qualified person for 2010 is $2,100, made up of $600 each for 2 of the eligible care receivers, $300 (which is half of $600) for the eligible care receiver to whom the half‑share determination relates and $600 relating to the partner service pension.

Example 2: Assume that the qualified person qualifies for carer supplement for 2011 because he or she is paid a qualifying instalment of carer allowance relating to one eligible care receiver and also because the qualifying person is paid a qualifying instalment of carer payment.

 The amount of carer supplement for the qualified person for 2011 is $1,200, made up of $600 relating to carer allowance relating to the eligible care receiver and $600 relating to carer payment.

Definition of eligible care receiver

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

 (5) However, if subsection 953(2) applies 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.

Definition of carer service pension

 (6) In this section:

carer service pension means carer service pension that is payable because of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act.

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

Insert:

4B

1223ABC
(debts in respect of carer supplement for 2009)

deductions
legal proceedings
garnishee notice
repayment by instalments

1231, 1234A
1232
1233
1234

4C

1223ABD
(debts in respect of carer supplement for 2010 and later years)

deductions
legal proceedings
garnishee notice
repayment by instalments

1231, 1234A
1232
1233
1234

4  After section 1223ABB

Insert:

1223ABC  Debts in respect of carer supplement for 2009

 (1) This section applies if:

 (a) carer supplement for 2009 is paid to a person; and

 (b) after it is paid, a determination under Part 3 of the Administration Act or under the Veterans’ Entitlements Act because of which any of the following instalments was paid is or was (however described) changed, revoked, set aside, or superseded by another determination:

 (i) a qualifying instalment (see section 992X);

 (ii) an instalment of wife pension affecting the amount of the carer supplement paid;

 (iii) an instalment of partner service pension under the Veterans’ Entitlements Act affecting the amount of the carer supplement paid; and

 (c) the decision to change, revoke, set aside or supersede the earlier determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information.

When the whole payment is a debt

 (2) The amount of the carer supplement paid to the person is a debt due to the Commonwealth by the person if carer supplement for 2009 would not have been paid to the person had the change, revocation, setting aside or superseding occurred on or before 12 May 2009.

When part of the payment is a debt

 (3) If the amount of carer supplement for 2009 paid to the person would have been reduced had the change, revocation, setting aside or superseding occurred on or before 12 May 2009, the amount by which the carer supplement paid to the person would have been reduced is a debt due to the Commonwealth by the person.

Limit on debts under this section

 (4) The total of debts arising under this section in relation to the carer supplement paid to the person cannot exceed the amount of the carer supplement.

Most other provisions under which debts arise do not apply

 (5) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to payments of carer supplement for 2009.

1223ABD  Debts in respect of carer supplement for 2010 and later years

 (1) This section applies if:

 (a) carer supplement for 2010 or a later year is paid to a person; and

 (b) a debt (the primary debt) due to the Commonwealth by the person arises (under this Act or the Veterans’ Entitlements Act) in connection with any of the following instalments that is equal to all of the instalment or, if the instalment is of carer allowance, all or part of the instalment:

 (i) a qualifying instalment (see section 992X);

 (ii) an instalment of wife pension affecting the amount of the carer supplement paid;

 (iii) an instalment of partner service pension under the Veterans’ Entitlements Act affecting the amount of the carer supplement paid; and

 (c) the carer supplement would not have been paid, or less carer supplement would have been paid, had the circumstances that gave rise to the primary debt not occurred.

 (2) If the primary debt is equal to all of the instalment, an amount, equal to so much of the carer supplement as would not have been paid if the instalment had not been paid, is a debt due to the Commonwealth by the person.

Note: If the instalment is the only qualifying instalment, the debt will equal the amount of the carer supplement, because none of it would have been paid if the qualifying instalment had not been paid.

 (3) If:

 (a) the primary debt arises in connection with an instalment of carer allowance because of a failure to take account, or an error in taking account, of a determination under subsection 981(1); and

 (b) the primary debt is equal to part of the instalment;

an amount, equal to so much of the carer supplement as would not have been paid if the failure or error had not occurred, is a debt due to the Commonwealth by the person.

Consolidation of debts under this section

 (4) If, apart from this subsection, 2 or more debts would arise under either or both of subsections (2) and (3) in relation to the carer supplement, then, instead of those debts arising, there is a single debt that:

 (a) is due to the Commonwealth by the person; and

 (b) is equal to the lesser of:

 (i) the sum of the debts that would arise apart from this subsection; and

 (ii) the amount of the carer supplement.

When debt is taken to arise under this section

 (5) A debt is taken to have arisen under this section when the carer supplement was paid to the person.

Social Security (Administration) Act 1999

5  Before section 13

Insert:

12G  Carer supplement

  A claim is not required for carer supplement.

6  Subsection 47(1) (after paragraph (gc) of the definition of lump sum benefit)

Insert:

 (gd) carer supplement; or

7  After section 47Aa

Insert:

47AB  Payment of carer supplement

  If an individual is qualified for carer supplement for a year, the Secretary must pay the supplement to the individual:

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

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

8  Section 123TC (after paragraph (aa) of the definition of category C welfare payment)

Insert:

 (ab) carer supplement; or

9  Section 123TC (after paragraph (aa) of the definition of category G welfare payment)

Insert:

 (ab) carer supplement; or

10  Section 123TC (after paragraph (ga) of the definition of category I welfare payment)

Insert:

 (gb) carer supplement; or

11  Section 123TC (after paragraph (ba) of the definition of category Q welfare payment)

Insert:

 (bb) carer supplement; or

12  Section 123TC (after paragraph (fa) of the definition of category S welfare payment)

Insert:

 (fb) carer supplement; or

Part 2—Related amendments

Income Tax Assessment Act 1997

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

After:

carer adjustment payment......................

53‑10

insert:

carer supplement............................

52‑10

14  After paragraph 52‑10(1)(aa)

Insert:

 (ab) carer supplement; or

15  After subsection 52‑10(1AA)

Insert:

 (1AB) Carer supplement under Part 2.19B of the Social Security Act 1991 is exempt from income tax.


Schedule 2—Indexation

 

A New Tax System (Family Assistance) Act 1999

1  At the end of clause 3 of Schedule 4

Add:

No indexation of certain amounts on 1 July 2009, 1 July 2010 and 1 July 2011

 (7) The FTB basic HIFA (A), the FTB additional HIFA (A), the FTB income limit (B) and the baby bonus income limit are not to be indexed on 1 July 2009, 1 July 2010 and 1 July 2011.

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 12 May 2009

Senate on 13 May 2009]

(82/09)

 

Overview

The Social Security and Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009 was enacted by the Parliament of Australia on 27 May 2009 to amend the law relating to social security and family assistance, addressing gaps in the existing legislation, particularly in the area of carer support. This Act introduces changes to the Social Security Act 1991 and Social Security (Administration) Act 1999 to establish the carer supplement, a payment designed to support those providing care to eligible individuals. The policy objective of these amendments is to provide additional financial support to carers, recognising the important role they play in the community. The Act also includes related amendments to the Income Tax Assessment Act 1997 and adjustments to the indexation of certain family assistance payments, ensuring that the legislative framework supports both carers and families in need. The Act's amendments to the Social Security Act 1991 and Social Security (Administration) Act 1999 focus on the introduction of the carer supplement, detailing eligibility criteria, calculation methods, and payment procedures. By removing the requirement for a claim and specifying the conditions under which the supplement is paid, the legislation aims to streamline the process and provide timely support to carers. Additionally, the Act incorporates changes to the Income Tax Assessment Act 1997 to exempt carer supplement from income tax, further supporting those who qualify for this benefit. The inclusion of indexation provisions ensures that certain family assistance payments remain stable, protecting the financial security of families during economic adjustments.

Scope and Application

The Social Security and Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009 applies to the amendments of several Acts relating to social security and family assistance, including the Social Security Act 1991, the Social Security (Administration) Act 1999, and the Income Tax Assessment Act 1997. This legislation targets individuals and entities who are eligible for or recipients of social security benefits and family assistance, particularly focusing on the provisions for carer supplement. The Act specifies qualifications for the carer supplement, including criteria for determining eligibility based on the payment of certain allowances and pensions, and outlines the method for calculating the amount of the supplement. The Act also establishes provisions for the recovery of debts related to carer supplement payments, specifying scenarios in which such debts may arise and the mechanisms for their recovery. The Act commenced on 27 May 2009, with specific provisions regarding indexation commencing on 30 June 2009. This legislation applies across the Commonwealth of Australia and does not explicitly state any exclusions or exemptions, although it does specify certain conditions under which debts may or may not arise. The Act may be further extended or restricted through subordinate instruments, although these are not detailed within the primary text of the Act itself.

Key Provisions

The main operative sections of the Social Security and Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009 (the "Act") introduce the concept of a carer supplement, define its qualifying criteria, and specify the amount of the supplement payable to eligible individuals. Section 992X of the Social Security Act 1991 is amended to include a new Part 2.19B, which defines carer supplement and outlines the circumstances under which an individual qualifies for it. This includes being paid a qualifying instalment of carer allowance, carer payment, or carer service pension that includes a specific date in the year. The amount of the carer supplement is calculated based on a formula that takes into account the type of qualifying instalment and the number of eligible care receivers. The Act imposes several obligations on the parties it governs. For example, Section 47AB of the Social Security (Administration) Act 1999 mandates that if an individual qualifies for carer supplement, the Secretary must pay the supplement to the individual on the earliest practicable date and in an appropriate manner. Furthermore, the Act requires the Secretary to establish mechanisms for determining and recovering debts related to the carer supplement, particularly if a person knowingly made a false or misleading statement or provided false information leading to the payment of the supplement. The Act also establishes various consequences and penalties for breaches related to the carer supplement. For example, Section 1223ABC of the Social Security Act 1991 provides that if carer supplement for 2009 is paid to a person and subsequently, a determination affecting the supplement is changed or revoked due to the person knowingly making a false statement, the amount of the carer supplement paid becomes a debt to the Commonwealth. The total debt cannot exceed the amount of the carer supplement. Similarly, Section 1223ABD outlines circumstances under which debts arise for carer supplement paid for 2010 and later years, where the debt is consolidated into a single amount that cannot exceed the amount of the carer supplement. Failure to comply with these provisions could result in financial liabilities and legal proceedings to recover the debts.

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