Social Security (Coronavirus Economic Response—2020 Measures No. 10) Determination 2020

Social Security (Coronavirus Economic Response—2020 Measures No. 10) Determination 2020

made under item 40A of Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020

Compilation No. 1

Compilation date:   25 September 2020

Includes amendments up to: Social Security (Coronavirus Economic Response—2020 Measures No. 14) Determination 2020 [F2020L01093]

About this compilation

This compilation

This is a compilation of the Social Security (Coronavirus Economic Response—2020 Measures No. 10) Determination 2020 that shows the text of the law as amended and in force on 25 September 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name....................................................1

3 Authority.................................................1

4 Modifications..............................................1

Schedule 1—Modifications of the Social Security Act 1991 2

Endnotes 7

Endnote 1—About the endnotes 7

Endnote 2—Abbreviation key 8

Endnote 3—Legislation history 9

Endnote 4—Amendment history 10

1  Name

  This instrument is the Social Security (Coronavirus Economic Response—2020 Measures No. 10) Determination 2020.

3  Authority

  This instrument is made under item 40A of Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020.

4  Modifications

  Each modification of the operation of a provision of a social security law (within the meaning of the Social Security Act 1991) as set out in a Schedule to this instrument is determined for the purposes of item 40A of Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020.

Schedule 1—Modifications of the Social Security Act 1991

1  Variation of section 197K

(1) The heading to section 197K of the Social Security Act 1991 is varied by omitting the words “3 months” and substituting the words “6 months”.

(2) Section 197K of the Social Security Act 1991 is varied by adding the following subsection at the end of the section:

 (3) However, if the 3‑month period referred to in subsection (2) ends:

 (a) on or after the day on which this subsection commences; and

 (b) on or before 24 September 2020;

then the reference in that subsection to 3 months is taken to be a reference to 6 months.

2  Variation of section 654

Section 654 of the Social Security Act 1991 is varied by adding at the end of step 2 of the method statement in subsection (3) the words “, and then add the amount of the COVID‑19 supplement worked out in accordance with section 646”.

3  Variation of section 953A

(1) The heading to section 953A of the Social Security Act 1991 is varied by omitting the words “3 months” and substituting the words “6 months”.

(2) Section 953A of the Social Security Act 1991 is varied by inserting the following subsection after subsection (1):

 (1A) However, if the 3‑month period referred to in paragraph (1)(d) or (e) ends:

 (a) on or after the day on which this subsection commences; and

 (b) on or before 24 September 2020;

then the reference in that paragraph to 3 months is taken to be a reference to 6 months.

(3) Section 953A of the Social Security Act 1991 is varied by inserting the following subsection after subsection (2):

 (2A) However, if the 3‑month period referred to in paragraph (2)(d) or (e) ends:

 (a) on or after the day on which this subsection commences; and

 (b) on or before 24 September 2020;

then the reference in that paragraph to 3 months is taken to be a reference to 6 months.

4  Variation of section 1046

(1) Section 1046 of the Social Security Act 1991 is varied by inserting the following subsection after subsection (3):

 (3A) If:

 (a) in relation to a person, the 12‑week period mentioned in subsection (3) ends:

 (i) on or after the day on which this subsection commences; and

 (ii) on or before 31 December 2020; and

 (b) the Secretary is satisfied that this section applies to the person because of the impact of the coronavirus known as COVID‑19; and

 (c) subsection (5) has not applied in relation to the person;

the Secretary may determine that, despite subsection (3), the person continues to be qualified for the mobility allowance until the end of the earlier of the following days:

 (d) the last day of the 6‑week period beginning on the day after the end of the 12‑week period mentioned in subsection (3);

 (e) 31 December 2020.

(2) Section 1046 of the Social Security Act 1991 is varied by inserting the following subsection after subsection (4):

 (4A) If:

 (a) in relation to a person, the 2‑week period mentioned in subsection (4) ends:

 (i) on or after the day on which this subsection commences; and

 (ii) on or before 31 December 2020; and

 (b) the Secretary is satisfied that subsection (4) applies to the person because of the impact of the coronavirus known as COVID‑19;

the Secretary may determine that, despite subsection (4), the person continues to be qualified for the mobility allowance until the end of the earlier of the following days:

 (c) the last day of the 16‑week period beginning on the day after the end of the 2‑week period mentioned in subsection (4);

 (d) 31 December 2020.

(3) Paragraph 1046(5)(a) of the Social Security Act 1991 is varied by inserting the words “or (3A)” after the words “subsection (3)”.

5  Variation of section 1216

(1) Section 1216 of the Social Security Act 1991 is varied by inserting the words “(1)” before the words “During”.

(2) Section 1216 of the Social Security Act 1991 is varied by adding the following subsections at the end of the section:

 (2) If:

 (a) the 26 weeks mentioned in paragraph (1)(a) ends on or after 11 March 2020; and

 (b) the Secretary is satisfied that the person’s absence from Australia is temporary; and

 (c) the Secretary is satisfied that the person is unable to return to Australia before the end of that 26‑week period because of the impact of the coronavirus known as COVID‑19;

the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (1)(a) is taken to be a reference to another number of weeks. However, the Secretary must ensure that the determination does not result in a period referred to in that paragraph that ends after 31 December 2020.

 (3) Despite Subdivision B of Division 9 of Part 3 of the Administration Act, a favourable determination (within the meaning of section 108 of that Act) that is made as a result of a determination referred to in subsection (2) of this section may be expressed to take effect on a day earlier than otherwise permitted by that Subdivision.

6  Variation of section 1220A

Section 1220A of the Social Security Act 1991 is varied by adding the following subsections at the end of the section:

 (6) If:

 (a) the 26 weeks mentioned in paragraph (1)(a) ends on or after 11 March 2020; and

 (b) the Secretary is satisfied that the person’s absence from Australia is temporary; and

 (c) the Secretary is satisfied that the person is unable to return to Australia before the end of that 26‑week period because of the impact of the coronavirus known as COVID‑19;

the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (1)(a) is taken to be a reference to another number of weeks. However, the Secretary must ensure that the determination does not result in a period referred to in that paragraph that ends after 31 December 2020.

 (7) Despite Subdivision B of Division 9 of Part 3 of the Administration Act, a favourable determination (within the meaning of section 108 of that Act) that is made as a result of a determination referred to in subsection (6) of this section may be expressed to take effect on a day earlier than otherwise permitted by that Subdivision.

7  Variation of section 1220B

Section 1220B of the Social Security Act 1991 is varied by adding the following subsections at the end of the section:

 (3) If:

 (a) the 26 weeks mentioned in paragraph (1)(a) ends on or after 11 March 2020; and

 (b) the Secretary is satisfied that the person’s absence from Australia is temporary; and

 (c) the Secretary is satisfied that the person is unable to return to Australia before the end of that 26‑week period because of the impact of the coronavirus known as COVID‑19;

the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (1)(a) is taken to be a reference to another number of weeks. However, the Secretary must ensure that the determination does not result in a period referred to in that paragraph that ends after 31 December 2020.

 (4) Despite Subdivision B of Division 9 of Part 3 of the Administration Act, a favourable determination (within the meaning of section 108 of that Act) that is made as a result of a determination referred to in subsection (3) of this section may be expressed to take effect on a day earlier than otherwise permitted by that Subdivision.

8  Variation of Part 4.2

Part 4.2 of the Social Security Act 1991 is varied by adding the following Division at the end of the Part:

Division 4—Other portability rules

1221A  Other portability rules

 (1) If:

 (a) the 26 weeks mentioned in paragraph 6(3)(d) or (4)(d) or 14(3)(d) or (4)(d) of Schedule 4 to the Social Services and Other Legislation Amendment Act 2014 ends on or after 11 March 2020; and

 (b) the Secretary is satisfied that the person’s return to Australia is temporary; and

 (c) the Secretary is satisfied that the person is unable to leave Australia before the end of that 26‑week period because of the impact of the coronavirus known as COVID‑19;

the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph 6(3)(d) or (4)(d) or 14(3)(d) or (4)(d) of Schedule 4 to the Social Services and Other Legislation Amendment Act 2014 is taken to be a reference to another number of weeks. However, the Secretary must ensure that the determination does not result in a period referred to in that paragraph that ends after 31 December 2020.

 (2) Despite Subdivision B of Division 9 of Part 3 of the Administration Act, a favourable determination (within the meaning of section 108 of that Act) that is made as a result of a determination referred to in subsection (1) of this section may be expressed to take effect on a day earlier than otherwise permitted by that Subdivision.

9  Variation of clause 128 of Schedule 1A

 Clause 128 of Schedule 1A to the Social Security Act 1991 is varied by adding the following subclauses at the end of the clause:

 (4) If:

 (a) the 26 weeks mentioned in paragraph (1)(b) ends on or after 11 March 2020; and

 (b) the Secretary is satisfied that the person’s return to Australia is temporary; and

 (c) the Secretary is satisfied that the person is unable to leave Australia before the end of that 26‑week period because of the impact of the coronavirus known as COVID‑19;

the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (1)(b) is taken to be a reference to another number of weeks. However, the Secretary must ensure that the determination does not result in a period referred to in that paragraph that ends after 31 December 2020.

 (5) Despite Subdivision B of Division 9 of Part 3 of the Administration Act, a favourable determination (within the meaning of section 108 of that Act) that is made as a result of a determination referred to in subclause (4) of this clause may be expressed to take effect on a day earlier than otherwise permitted by that Subdivision.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history