Social Security Legislation Amendment (Concession Cards) Act 2001
Act No. 80 of 2001 as amended
This compilation was prepared on 14 May 2003
[This Act was amended by Act No. 30 of 2003]
Amendments from Act No. 30 of 2003
[Schedule 3 (item 8) repealed and substituted item 9 of Schedule 1
Schedule 3 (item 8) commenced on 1 July 2001]
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title..................................1
2 Commencement..............................1
3 Application.................................2
4 Schedule(s).................................2
Schedule 1—Amendment of the social security law 3
Social Security Act 1991 3
Social Security (Administration) Act 1999 23
Schedule 2—Amendment of other laws 33
Health Insurance Act 1973 33
National Health Act 1953 33
An Act to amend the social security law and certain other laws in relation to social security concession cards, and for related purposes
[Assented to 30 June 2001]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Social Security Legislation Amendment (Concession Cards) Act 2001.
2 Commencement
This Act commences on 1 July 2001.
3 Application
(1) On and after 1 July 2001, section 3 of the Social Security Legislation Amendment (Newly Arrived Resident’s Waiting Periods and Other Measures) Act 1997 applies in relation to Part 2A.1 of the Social Security Act 1991, as amended by this Act, in the same way as before that date it applied to Part 2A.1 of the Social Security Act 1991.
(2) On and after 1 July 2001, section 3 of the Social Security Legislation Amendment (Newly Arrived Resident’s Waiting Periods and Other Measures) Act 1997 applies in relation to the provisions of the Health Insurance Act 1973, as amended by this Act, in the same way as before that date it applied to the provisions of the Health Insurance Act 1973.
4 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendment of the social security law
Social Security Act 1991
1 Section 6A
Repeal the section, substitute:
6A Concession card definitions
(1) In this Act, unless the contrary intention appears:
automatic issue card means:
(a) a pensioner concession card; or
(b) an automatic issue health care card.
automatic issue health care card means a health care card issued to a person qualified for the card under Subdivision A of Division 3 of Part 2A.1.
dependant, in relation to a person who is the holder of a pensioner concession card or an automatic issue health care card (other than a health care card for which the person is qualified under subsection 1061ZK(4)), means a person who is:
(a) the partner; or
(b) a dependent child;
of the holder of the card.
dependant, in…
Overview
The Social Security Legislation Amendment (Concession Cards) Act 2001 was enacted by the Parliament of Australia to address issues related to social security concession cards, including pensioner concession cards, seniors health cards, and health care cards. The Act aimed to streamline and update the qualifications and issuance process for these cards, ensuring they accurately reflect the current social security landscape and eligibility criteria. By amending the Social Security Act 1991 and other related laws, the Act sought to enhance the efficiency and effectiveness of the concession card system, providing clearer guidelines for eligibility and reducing administrative burdens. The policy objective was to ensure that concession cards are issued to the correct recipients, thereby improving the delivery of social security benefits and support to those in need.
Scope and Application
The Social Security Legislation Amendment (Concession Cards) Act 2001 applies to the Social Security Act 1991, the Social Security (Administration) Act 1999, the Health Insurance Act 1973, and the National Health Act 1953, amending these laws in relation to social security concession cards. The Act commences on 1 July 2001 and applies to persons in Australia who are Australian residents or are otherwise covered under the Act, including those receiving social security pensions or benefits. The Act provides for the definition and qualification rules for pensioner concession cards, seniors health cards, and health care cards, including for automatic issue health care cards and health care cards for which a claim is required. Certain exclusions and thresholds apply, such as the requirement for certain individuals to satisfy income tests and for some concession card holders to be Australian residents. The Act also extends to the issue, form, and cancellation of concession cards, with specific rules for the listing of dependants on the cards. The Act's application is further extended through subordinate instruments, which may include regulations or other legislative instruments, to provide more detailed rules and specifications not covered in the Act itself.
Key Provisions
- The Social Security Legislation Amendment (Concession Cards) Act 2001 makes amendments to the Social Security Act 1991, the Health Insurance Act 1973, and the National Health Act 1953. The primary focus of these amendments is to redefine concession cards, including pensioner concession cards, health care cards, and seniors health cards, and to modify the eligibility criteria, issue, and management of these cards.
- Key sections of the Act outline the eligibility criteria for different types of concession cards. For instance, the Act specifies that a person is qualified for a pensioner concession card if they are receiving a social security pension or certain benefits and meet age or income criteria. It also establishes rules for the qualification of seniors health cards and health care cards, which include income tests, residency requirements, and certain waiting periods for newly arrived residents.
- The Act imposes several obligations on the parties it governs. For example, it mandates that the Secretary issue concession cards to qualified individuals. It also requires individuals who hold seniors health cards to provide the Secretary with a copy of their taxable income assessment if requested. Furthermore, the Act outlines specific forms and requirements for the cards, including the inclusion of dependants’ names on certain cards and restrictions on the listing of dependants on others.
- In terms of penalties and consequences for non-compliance, the Act stipulates that concession cards are automatically cancelled if the holder ceases to be qualified for the card, except under specific circumstances. Additionally, the Act includes provisions for the automatic cancellation of cards if the underlying social security pension or benefit is cancelled. Failure to comply with the card specifications and requirements does not alone render the card ineffective but can lead to automatic cancellation.
- In summary, the Social Security Legislation Amendment (Concession Cards) Act 2001 sets out detailed rules and requirements for the issuance, qualification, and management of concession cards in Australia, with specific obligations for the Secretary and the cardholders, and provisions for penalties and automatic cancellation in cases of non-compliance.
- Area of Law
- Social Security Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Definitions & Interpretation
- Licensing & Registration
- Regulatory Standards
- Reporting & Disclosure Obligations
- Review & Sunset Clauses