Social Security (Rewrite) Amendment Act 1991

No. 116 of 1991

[Assented to 27 June 1991]

The Parliament of Australia enacts:

Short title etc.

1. (1) This Act may be cited as the Social Security (Rewrite) Amendment Act 1991.

(2) In this Act, “Principal Act” means the Social Security Act 19911.

Commencement

2. This Act commences immediately after the Social Security (Rewrite) Transition Act 1991 and the Social Security (Job Search and Newstart) Amendment Act 1991 commence.

Incorporation of amendments made in the Budget Sittings 1990

3. The Principal Act is amended as set out in Schedule 1 to this Act.

Schedule of minor amendments of the Principal Act

4. The Principal Act is amended as set out in Schedule 2.

Replacement of International Agreement with the United Kingdom

5. Schedule 2 to the Principal Act is repealed and the Schedule set out in Schedule 3 to this Act is substituted.

Replacement of International Agreement with New Zealand

6. Schedule 4 to the Principal Act is repealed and the Schedule set out in Schedule 4 to this Act is substituted.

New International Agreement with Malta

7. The Principal Act is amended by adding at the end the Schedule set out in Schedule 5 to this Act.

Consequential amendments

8. The Acts referred to in Schedule 6 are amended as set out in that Schedule.

SCHEDULE 1 Section 3

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO INCORPORATE AMENDMENTS MADE IN THE BUDGET SITTINGS 1990

Section 3:

(b)    Insert in the Index the following entries:

Subsection 8 (1):

Insert the following definitions:

“ ‘available money’, in relation to a person, means money that:

(a)     is held by or on behalf of the person; and

(b)     is not deposit money of the person; and

‘deposit money’, in relation to a person, means the person’s money that is deposited in an account with a financial institution;”.

After paragraph 8 (8) (h):

Insert:

After paragraph 8 (8) (k):

Insert:

“(ka) where:

SCHEDULE 1—continued

(iii) payments are made to the creditor under the insurance;

a payment so made;”.

Paragraph 8 (8) (s):

Omit the paragraph, substitute:

Subsection 8 (8):

Add at the end:

Subparagraph 11 (4) (a) (ii):

Omit the subparagraph, substitute:

“(ii) either:

Subparagraph 11 (4) (b) (ii):

Omit the subparagraph, substitute:

“(ii) either:

SCHEDULE 1—continued

Paragraph 11 (7) (b):

Omit the paragraph, substitute:

(c) any period during which:

(i) the person is residing in a nursing home; and

(d) where:

(i) the person is residing in a nursing home; and

the period of 2 years from the beginning of that residence; and

(e) where:

(i) the person is residing in a nursing home; and

the period of 2 years from the partner’s death.

Note: for ‘residing in a nursing home’, see subsection 13 (8).” .

After paragraph 14 (1) (a):

Insert:

After section 19:

Insert:

Pharmaceutical allowance and advance pharmaceutical supplement definitions

“19a. (1) In Parts 2.22 and 2.23 of this Act, unless the contrary intention appears:

‘liquid assets’, in relation to a person, means:

SCHEDULE 1—continued

(a)     any cash held by, or on behalf of, the person; or

‘pharmaceutical benefit’ means a drug or medicinal preparation in relation to which Part VII of the National Health Act 1953 applies because of section 85 of that Act.

“(2) A person is an advance pensioner A if:

(b)     the person is an eligible 1991 Act pensioner.

Note 1: for ‘eligible 1947 Act pensioner’ see subsection (5) below.

Note 2: for ‘eligible 1991 Act pensioner’ see subsection (6) below.

“(3) A person is a continuing advance pensioner A if:

(b)     the person is an eligible 1991 Act pensioner; and

(c)     in the Secretary’s opinion:

(a) payments under this Act;

(b) payments under the Veterans’ Entitlements Act;

Note 1: for ‘eligible 1947 Act pensioner’ see subsection (5) below.

Note 2: for ‘eligible 1991 Act pensioner’ see subsection (6) below.

Note 3: for ‘liquid assets’ see subsection (1) above.

“(4) A person is an advance pensioner B if:

(a) the person either:

(b)     the person is an eligible 1991 Act pensioner; and

(c)     in the Secretary’s opinion:

SCHEDULE 1—continued

(a) payments under this Act;

(b) payments under the Veterans’ Entitlements Act;

Note 1: for ‘eligible 1947 Act pensioner’ see subsection (5) below.

Note 2: for ‘eligible 1991 Act pensioner’ see subsection (6) below.

Note 3: for ‘liquid assets’ see subsection (1) above.

“(5) A person is an eligible 1947 Act pensioner if:

(a) the person is receiving:

(b) the person’s pension or allowance rate:

(ii) is reduced under the 1947 Act but only:

“(6) A person is an eligible 1991 Act pensioner if:

(a)     the person is receiving a social security pension; and

(b)     the person’s social security pension rate:

(ii) is reduced under this Act but only:

SCHEDULE 1—continued

“(7) For the purposes of this Act, a person has a pharmaceutical benefit purchase for a member of the person’s family if the person or the person’s partner buys a pharmaceutical benefit for:

(a)     the person; or

(b)     the partner; or

(c)     a dependant of the person; or

(d)     a dependant of the partner.”.

Subsection 23 (1):

(a) Omit the definition of “assurance of support debt”, substitute:

“ ‘assurance of support debt’ means a debt due and payable by a person to the Commonwealth because of the operation of subregulation 165 (1) of the Migration Regulations in respect of the payment to another person of:

(a)    job search allowance under Part 2.11 of this Act; or

(b)    newstart allowance under Part 2.12 of this Act; or

(c)    special benefit under Part 2.15 of this Act; or

(f)     special benefit under section 129 of the 1947 Act;”.

(b) Omit the definition of “major disaster”, substitute:

“ ‘major disaster’ means a disaster in respect of which a declaration is in force under section 36;”.

(c) Insert the following definitions:

“ ‘account’, in relation to a financial institution, means an account maintained by a person with the institution to which is accredited money received on deposit by the institution from that person;

‘Aboriginal study assistance scheme’ means:

(a)     the ABSTUDY Scheme; or

(b)    the Aboriginal Overseas Study Assistance Scheme; or

(c)     a scheme prescribed for the purposes of this definition;

‘financial institution’ means a bank, building society, credit union or other institution that receives money on deposit;

‘inhabitant of Australia’ means:

(a)     an Australian resident; or

SCHEDULE 1—continued

Subsection 23 (10a):

Omit “disqualification” (wherever occurring), substitute “waiting”.

Subsection 23 (10b):

Omit “and 598”, substitute “, 598 and 668a”.

After section 35:

Insert:

“35a. The Minister may, in writing, determine that a scheme for the provision of personal care support is an approved scheme for the purposes of this Act.”.

Paragraph 36 (1) (a):

Omit “or”, substitute “and”.

Paragraph 36 (1) (b):

Omit “significant”, substitute “severe and widespread”.

Subsection 36 (2):

Omit “one that is caused by humans”, substitute “otherwise”.

Section 36:

Add at the end:

“(4) The Minister may, in writing, delegate to the Secretary the Minister’s powers under subsection (1).”.

After paragraph 44 (1) (a):

Insert:

After section 46:

Insert:

Provision of person’s tax file number

“46a. (1) An age pension is not payable to a person if:

(ii) given the Secretary a declaration by the person in a form

SCHEDULE 1—continued

approved by the Secretary and satisfied either subsection (2) or (3).

“(2) The person satisfies this subsection if:

(a) the person’s declaration states that the person:

(i) has a tax file number but does not know what it is; and

(i) whether the person has a tax file number; and

“(3) The person satisfies this subsection if:

(d)     the application for a tax file number has not been withdrawn.

Provision of partner’s tax file number

“46b. (1) Subject to subsection (4), an age pension is not payable to a person if:

(a)     the person is a member of a couple; and

SCHEDULE 1—continued

“(2) The person satisfies this subsection if:

(a) the partner’s declaration states that the partner:

(i) has a tax file number but does not know what it is; and

(i) whether the partner has a tax file number; and

“(3) The person satisfies this subsection if:

(d)     the application for a tax file number has not been withdrawn.

“(4) The Secretary may waive the requirement for a statement of the partner’s tax file number if the Secretary is satisfied that:

(a)     the person does not know the partner’s tax file number; and

(b)     the person can obtain none of the following from the partner:

(i) the partner’s tax file number;

(ii) a statement of the partner’s tax file number;

Section 47:

Repeal the section, substitute:

SCHEDULE 1—continued

Multiple entitlement exclusion

“47. (1) An age pension is not payable to a person if the person is already receiving a service pension.

“(2) If:

(a)     a person is receiving an age pension; and

the age pension is not payable to the person.

Note 2: ‘social security pension’ includes sheltered employment and rehabilitation allowances.

Note 3: for the day on which the age pension ceases to be payable see section 71a.”.

After section 51:

Insert in Division 2:

Secretary may require claimant to give statement of claimant’s tax file number

“51a. If a claimant for an age pension is in Australia, the Secretary may require the claimant to give the Secretary a written statement of the claimant’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 46a.

Secretary may require claimant to give statement of partner’s tax file number

“51b. If:

(a)     a claimant for an age pension is a member of a couple; and

(b)     the claimant’s partner is in Australia;

the Secretary may require the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 46b.

Note 3: the Secretary can waive the requirement in some cases: see subsection 46b (4).”.

Section 61:

Repeal the section, substitute:

Payment to person

“61. A person’s age pension is, subject to section 62, to be paid to that person.”.

SCHEDULE 1—continued

Section 63:

Repeal the section, substitute:

Payment into bank account etc.

“63. (1) Subject to subsection (6), age pension payable to a person is to be paid, at the intervals that the Secretary specifies, to the credit of a bank account, credit union account or building society account.

“(2) The account must be an account nominated and maintained by the person to whom the age pension is payable.

“(3) The account may be an account that is maintained by a person to whom the age pension is payable either alone or jointly or in common with another person.

“(4) Where a person to whom age pension is payable has not nominated an account for the purposes of subsection (1), then, subject to subsection (6), that pension is not to be paid.

“(5) Where:

the pension (including any amounts that would have been paid but for subsection (4)) is to be paid under subsection (1).

“(6) The Secretary may direct that the whole or a part of an amount of age pension that is payable to a person may be paid to the person in a different way from that provided for by subsection (1).

“(7) If the Secretary gives a direction under subsection (6), the age pension is to be payable in accordance with the direction.”.

Before section 68:

Insert in Division 7:

Secretary may require recipient to give statement of recipient’s tax file number

“67a. If a recipient of an age pension is in Australia, the Secretary may require the recipient to give the Secretary a written statement of the recipient’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 46a.

SCHEDULE 1—continued

Secretary may require recipient to give statement of partner’s tax file number

“67b. If:

(a)     an age pension recipient is a member of a couple; and

(b)     the recipient’s partner is in Australia;

the Secretary may require the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 46b.

Note 3: the Secretary can waive the requirement in some cases: see subsection 46b (4).”.

Paragraph 71 (1) (c):

Insert “71a,” before “72”.

Paragraph 71 (2) (a):

Insert “73a,” before “74”.

Before section 72:

Insert in Subdivision B:

Automatic termination—transfer to new payment type

“71a. If:

(a)     a person is receiving an age pension; and

the age pension ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.”.

Before section 74:

Insert in Subdivision C:

Automatic rate reduction—partner starting to receive pension or benefit

“73a. If:

(a)     a person is receiving an age pension; and

(b)     the person’s partner starts to receive:

(i) a social security pension or benefit; or

(ii) a service pension; and

the age pension becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension or benefit.”.

SCHEDULE 1—continued

Section 91:

Add at the end:

“(3) If:

(a)     a person is receiving an age pension; and

(b)     the person is a member of a couple; and

(c)     the person dies; and

(d)     the person:

there is payable to the partner an amount equal to the sum of the following amounts:

(f) the difference between:

“(4) If:

(a)     a person is receiving an age pension; and

(b)     the person is not a member of a couple; and

(c)     the person dies; and

(d)     the person:

(i) was qualified at the time of the person’s death for payments under Subdivision B in relation to the death of a dependent child; or

(ii) would have been so qualified if the person had not died;

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:

(e) the difference between:

SCHEDULE 1—continued

Section 92:

Add at the end:

After paragraph 95 (1) (c):

Insert:

Section 97:

Add at the end:

Claim resulting from a major disaster

“(4) If a person:

(a)     claims a disaster relief payment; and

(b)     is qualified for the payment; and

the person’s provisional commencement day is the day on which he or she was affected by the disaster.”.

After section 97:

Insert:

Provision of person’s tax file number

“97a. (1) An invalid pension is not payable to a person if:

“(2) The person satisfies this subsection if:

(a) the person’s declaration states that the person:

(i) has a tax file number but does not know what it is; and

SCHEDULE 1—continued

(i) whether the person has a tax file number; and

“(3) The person satisfies this subsection if:

(d)     the application for a tax file number has not been withdrawn.

Provision of partner’s tax file number

“97b. (1) Subject to subsection (4), an invalid pension is not payable to a person if:

(a)     the person is a member of a couple; and

“(2) The person satisfies this subsection if:

(a) the partner’s declaration states that the partner:

(i) has a tax file number but does not know what it is; and

SCHEDULE 1—continued

(i) whether the partner has a tax file number; and

“(3) The person satisfies this subsection if:

(d)     the application for a tax file number has not been withdrawn.

“(4) The Secretary may waive the requirement for a statement of the partner’s tax file number if the Secretary is satisfied that:

(a)     the person does not know the partner’s tax file number; and

(b)    the person can obtain none of the following from the partner:

(i) the partner’s tax file number;

(ii) a statement of the partner’s tax file number;

Section 98:

Repeal the section, substitute:

Multiple entitlement exclusion

“98. (1) An invalid pension is not payable to a person if the person is already receiving a service pension.

“(2) If:

(a) a person is receiving an invalid pension; and

SCHEDULE 1—continued

the invalid pension is not payable to the person.

Note 3: for the day on which the invalid pension ceases to be payable see section 124a.”.

After section 103:

Insert in Division 2:

Secretary may require claimant to give statement of claimant’s tax file number

“103a. If a claimant for an invalid pension is in Australia, the Secretary may require the claimant to give the Secretary a written statement of the claimant’s tax file number.

Note 1 : for the consequences of a failure to comply with the requirement see section 97a.

Secretary may require claimant to give statement of partner’s tax file number

“103b. If:

(a)     a claimant for an invalid pension is a member of a couple; and

(b)     the claimant’s partner is in Australia;

the Secretary may require the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 97b.

Note 3: the Secretary can waive the requirement in some cases: see subsection 97b (4).”.

Section 114:

Repeal the section, substitute:

Payment to person

“114. A person’s invalid pension is, subject to section 115, to be paid to that person.”.

Section 116:

Repeal the section, substitute:

SCHEDULE 1—continued

Payment into bank account etc.

“116. (1) Subject to subsection (6), invalid pension payable to a person is to be paid, at the intervals that the Secretary specifies, to the credit of a bank account, credit union account or building society account.

“(2) The account must be an account nominated and maintained by the person to whom the invalid pension is payable.

“(3) The account may be an account that is maintained by a person to whom the invalid pension is payable either alone or jointly or in common with another person.

“(4) Where a person to whom invalid pension is payable has not nominated an account for the purposes of subsection (1), then, subject to subsection (6), that pension is not to be paid.

“(5) Where:

the pension (including any amounts that would have been paid but for subsection (4)) is to be paid under subsection (1).

“(6) The Secretary may direct that the whole or a part of an amount of invalid pension that is payable to a person may be paid to the person in a different way from that provided for by subsection (1).

“(7) If the Secretary gives a direction under subsection (6), the invalid pension is to be payable in accordance with the direction.”.

Before section 121:

Insert in Division 8:

Secretary may require recipient to give statement of recipient’s tax file number

“120a. If a recipient of an invalid pension is in Australia, the Secretary may require the recipient to give the Secretary a written statement of the recipient’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 97a.

Secretary may require recipient to give statement of partner’s tax file number

“120b. If:

(a) an invalid pension recipient is a member of a couple; and

SCHEDULE 1—continued

(b) the recipient’s partner is in Australia;

the Secretary may require the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 97b.

Note 3: the Secretary can waive the requirement in some cases: see subsection 97b (4).”.

Paragraph 124 (1) (c):

Insert “124a,” before “125”.

Paragraph 124 (2) (a):

Insert “126a,” before “127”.

Before section 125:

Insert in Subdivision B:

Automatic termination—transfer to new payment type

“124a. If:

(a)     a person is receiving an invalid pension; and

the invalid pension ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.”.

Before section 127:

Insert in Subdivision C:

Automatic rate reduction—partner starting to receive pension or benefit

“126a. If:

(a)     a person is receiving an invalid pension; and

(b)     the person’s partner starts to receive:

(i) a social security pension or benefit; or

(ii) a service pension; and

the invalid pension becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension or benefit.”.

SCHEDULE 1—continued

Section 144:

Add at the end:

“(3) If:

(a)     a person is receiving an invalid pension; and

(b)     the person is a member of a couple; and

(c)     the person dies; and

(d)     the person:

there is payable to the partner an amount equal to the sum of the following amounts:

(f) the difference between:

“(4) If:

(a)     a person is receiving an invalid pension; and

(b)     the person is not a member of a couple; and

(c)     the person dies; and

(d)     the person:

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:

(e) the difference between:

(ii) the amount of invalid pension that would have been

SCHEDULE 1—continued

payable to the person apart from Subdivision B for the same period if the person had not died;

Section 145:

Add at the end:

After paragraph 148 (1) (b):

Insert:

Section 150:

Add at the end:

Claim resulting from a major disaster

“(4) If a person:

(a)     claims a disaster relief payment; and

(b)     is qualified for the payment; and

the person’s provisional commencement day is the day on which he or she was affected by the disaster.”.

After section 150:

Insert:

Provision of person’s tax file number

“150a. (1) A wife pension is not payable to a person if:

“(2) The person satisfies this subsection if:

SCHEDULE 1—continued

(a) the person’s declaration states that the person:

(i) has a tax file number but does not know what it is; and

(i) whether the person has a tax file number; and

“(3) The person satisfies this subsection if:

(d)     the application for a tax file number has not been withdrawn.

Provision of partner’s tax file number

“150b. (1) Subject to subsection (4), a wife pension is not payable to a person if:

“(2) The person satisfies this subsection if:

(a) the partner’s declaration states that the partner:

SCHEDULE 1—continued

(i) has a tax file number but does not know what it is; and

(i) whether the partner has a tax file number; and

“(3) The person satisfies this subsection if:

(d)     the application for a tax file number has not been withdrawn.

“(4) The Secretary may waive the requirement for a statement of the partner’s tax file number if the Secretary is satisfied that:

(a)     the person does not know the partner’s tax file number; and

(b)     the person can obtain none of the following, from the partner:

(i) the partner’s tax file number;

(ii) a statement of the partner’s tax file number;

Section 151:

Repeal the section, substitute:

Multiple entitlement exclusion

“151. (1) A wife pension is not payable to a person if the person is already receiving a service pension.

“(2) If:

SCHEDULE 1—continued

(a)     a person is receiving a wife pension; and

the wife pension is not payable to the person.

Note 3: for the day on which the wife pension ceases to be payable see section 175a.”.

After section 155:

Insert in Division 2:

Secretary may require claimant to give statement of claimant’s tax file number

“155a. If a claimant for a wife pension is in Australia, the Secretary may require the claimant to give the Secretary a written statement of the claimant’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 150a.

Secretary may require claimant to give statement of partner’s tax file number

“155b. If the partner of a claimant for a wife pension is in Australia, the Secretary may require the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 150b.

Note 3: the Secretary can waive the requirement in some cases: see subsection 150b (4).” .

Section 165:

Repeal the section, substitute:

Payment to person

“165. A person’s wife pension is, subject to section 166, to be paid to that person.”.

Section 167:

Repeal the section, substitute:

SCHEDULE 1—continued

Payment into bank account etc.

“167. (1) Subject to subsection (6), wife pension payable to a person is to be paid, at the intervals that the Secretary specifies, to the credit of a bank account, credit union account or building society account.

“(2) The account must be an account nominated and maintained by the person to whom the wife pension is payable.

“(3) The account may be an account that is maintained by a person to whom the wife pension is payable either alone or jointly or in common with another person.

“(4) Where a person to whom wife pension is payable has not nominated an account for the purposes of subsection (1), then, subject to subsection (6), that pension is not to be paid.

“(5) Where:

the pension (including any amounts that would have been paid but for subsection (4)) is to be paid under subsection (1).

“(6) The Secretary may direct that the whole or a part of an amount of wife pension that is payable to a person may be paid to the person in a different way from that provided for by subsection (1).

“(7) If the Secretary gives a direction under subsection (6), the wife pension is to be payable in accordance with the direction.”.

Before section 172:

Insert in Division 7:

Secretary may require recipient to give statement of recipient’s tax file number

“171a. If a recipient of a wife pension is in Australia, the Secretary may require the recipient to give the Secretary a written statement of the recipient’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 150a.

Secretary may require recipient to give statement of partner’s tax file number

“171b. If the partner of a wife pension recipient is in Australia, the Secretary may require the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

SCHEDULE 1—continued

Note 1: for the consequences of a failure to comply with the requirement see section 150b.

Note 3: the Secretary can waive the requirement in some cases: see subsection 150b (4).” .

Paragraph 175 (1) (c):

Insert “175a, 175b,” before “176”.

Before section 176:

Insert in Subdivision B:

Automatic termination—transfer to new payment type

“175a. If:

(a)     a person is receiving a wife pension; and

the wife pension ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.

Automatic termination—transfer of partner to new payment type

“175b. If:

(a)     a person is receiving a wife pension; and

the wife pension ceases to be payable to the person immediately before the day on which the pension or benefit referred to in paragraph (b) becomes payable to the partner.”.

After section 195:

Insert:

“Subdivision D—Death of recipient

Death of recipient

“195a. If:

(a)     a person is receiving a wife pension; and

(b)     the person dies; and

(c)     the person:

SCHEDULE 1—continued

there is payable to the partner an amount equal to the sum of the following amounts:

(e) the difference between:

Section 196:

Add at the end:

Paragraphs 198 (1) (a) and (2) (a) and subsection 198 (3):

Omit “pensioner”, substitute “person” (wherever occurring).

Paragraph 198 (1) (b):

Omit the paragraph, substitute:

“(b) lives in a home that is either:

Subsection 198 (3) (paragraph (c) of definition of “severely handicapped person”):

Omit the paragraph, substitute:

After paragraph 199 (1) (b):

Insert:

Section 201:

Add at the end:

SCHEDULE 1—continued

Claim resulting from a major disaster

“(4) If a person:

(a)     claims a disaster relief payment; and

(b)     is qualified for the payment; and

the person’s provisional commencement day is the day on which he or she was affected by the disaster.”.

After section 201:

Insert:

Provision of person’s tax file number

“201a. (1) A carer pension is not payable to a person if:

“(2) The person satisfies this subsection if:

(a) the person’s declaration states that the person:

(i) has a tax file number but does not know what it is; and

(i) whether the person has a tax file number; and

“(3) The person satisfies this subsection if:

(b)     the person has given the Secretary a document by the person

SCHEDULE 1—continued

that authorises the Commissioner of Taxation to tell the Secretary:

(d)     the application for a tax file number has not been withdrawn.

Provision of partner’s tax file number

“201b. (1) Subject to subsection (4), a carer pension is not payable to a person if:

(a)     the person is a member of a couple; and

“(2) The person satisfies this subsection if:

(a) the partner’s declaration states that the partner:

(i) has a tax file number but does not know what it is; and

(i) whether the partner has a tax file number; and

“(3) The person satisfies this subsection if:

SCHEDULE 1—continued

(d)     the application for a tax file number has not been withdrawn.

“(4) The Secretary may waive the requirement for a statement of the partner’s tax file number if the Secretary is satisfied that:

(a)     the person does not know the partner’s tax file number; and

(b)     the person can obtain none of the following from the partner:

(i) the partner’s tax file number;

(ii) a statement of the partner’s tax file number;

Section 202:

Repeal the section, substitute:

Multiple entitlement exclusion

“202. (1) A carer pension is not payable to a person if the person is already receiving a service pension.

“(2) If:

(a)     a person is receiving a carer pension; and

the carer pension is not payable to the person.

Note 3: for the day on which the carer pension ceases to be payable see section 225a.”.

After section 206:

Insert in Division 2:

SCHEDULE 1—continued

Secretary may require claimant to give statement of claimant’s tax file number

“206a. The Secretary may require a claimant for a carer pension to give the Secretary a written statement of the claimant’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 201a.

Secretary may require claimant to give statement of partner’s tax file number

“206b. If:

(a)     a claimant for a carer pension is a member of a couple; and

(b)     the claimant’s partner is in Australia;

the Secretary may require the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 201b.

Note 3: the Secretary can waive the requirement in some cases: see subsection 201b (4).”.

Section 215:

Repeal the section, substitute:

Payment to person

“215. A person’s carer pension is, subject to section 216, to be paid to that person.”.

Section 217:

Repeal the section, substitute:

Payment into bank account etc.

“217. (1) Subject to subsection (6), carer pension payable to a person is to be paid, at the intervals that the Secretary specifies, to the credit of a bank account, credit union account or building society account.

“(2) The account must be an account nominated and maintained by the person to whom the carer pension is payable.

“(3) The account may be an account that is maintained by a person to whom the carer pension is payable either alone or jointly or in common with another person.

SCHEDULE 1—continued

“(4) Where a person to whom carer pension is payable has not nominated an account for the purposes of subsection (1), then, subject to subsection (6), that pension is not to be paid.

“(5) Where:

the pension (including any amounts that would have been paid but for subsection (4)) is to be paid under subsection (1).

“(6) The Secretary may direct that the whole or a part of an amount of carer pension that is payable to a person may be paid to the person in a different way from that provided for by subsection (1).

“(7) If the Secretary gives a direction under subsection (6), the carer pension is to be payable in accordance with the direction.”.

Before section 222:

Insert in Division 7:

Secretary may require recipient to give statement of recipient’s tax file number

“221a. The Secretary may require a recipient of a carer pension to give the Secretary a written statement of the recipient’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 201a.

Secretary may require recipient to give statement of partner’s tax file number

“221b. If:

(a)     a carer pension recipient is a member of a couple; and

(b)     the recipient’s partner is in Australia;

the Secretary may require the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 201b.

Note 3: the Secretary can waive the requirement in some cases: see subsection 201b (4).”.

Paragraph 225 (1) (c):

Insert “225a, 225b,” before “226”.

SCHEDULE 1—continued

Paragraph 225 (2) (a):

Insert “227a or” before “228”.

Before section 226:

Insert in Subdivision B:

Automatic termination—transfer to new payment type

“225a. If:

(a)     a person is receiving a carer pension; and

the carer pension ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.

Automatic termination—transfer of partner to new payment type

“225b. If:

(a)     a person is receiving a carer pension; and

(b)     the person being cared for is the carer’s partner; and

the carer pension ceases to be payable to the person immediately before the day on which the pension referred to in paragraph (c) becomes payable to the partner.”.

Before section 228:

Insert in Subdivision C:

Automatic rate reduction—partner starting, to receive pension or benefit

“227a. If:

(a)     a person is receiving a carer pension; and

(b)     the person’s partner starts to receive:

(i) a social security pension or benefit; or

(ii) a service pension; and

the carer pension becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension or benefit.”.

SCHEDULE 1—continued

Section 246:

Add at the end:

“(3) If:

(a)     a person is receiving a carer pension; and

(b)     the person is a member of a couple; and

(c)     the person dies; and

(d)     the person:

there is payable to the partner an amount equal to the sum of the following amounts:

(f) the difference between:

“(4) If:

(a)     a person is receiving a carer pension; and

(b)     the person is not a member of a couple; and

(c)     the person dies; and

(d)     the person:

(i) was qualified at the time of the person’s death for payments under Subdivision C in relation to the death of a dependent child; or

(ii) would have been so qualified if the person had not died;

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:

(e) the difference between:

SCHEDULE 1—continued

Section 247:

Add at the end:

After paragraph 253 (1) (a):

Insert:

Section 255:

Add at the end:

Claim resulting from a major disaster

“(4) If a person:

(a) claims a disaster relief payment; and

(b) is qualified for the payment; and

the person’s provisional commencement day is the day on which he or she was affected by the disaster.”.

After section 257:

Insert:

Provision of person’s tax file number

“257a. (1) A sole parent pension is not payable to a person if:

“(2) The person satisfies this subsection if:

(a) the person’s employment declaration states that the person:

(i) has a tax file number but does not know what it is; and

SCHEDULE 1—continued

(i) whether the person has a tax file number; and

“(3) The person satisfies this subsection if:

(d)     the application for a tax file number has not been withdrawn.

Provision of partner’s tax file number

“257b. (1) Subject to subsection (4), a sole parent pension is not payable to a person if:

(a)     the person is a member of a couple; and

“(2) The person satisfies this subsection if:

(a) the partner’s declaration states that the partner:

(i) has a tax file number but does not know what it is; and

SCHEDULE 1—continued

(i) whether the partner has a tax file number; and

“(3) The person satisfies this subsection if:

(d)     the application for a tax file number has not been withdrawn.

“(4) The Secretary may waive the requirement for a statement of the partner’s tax file number if the Secretary is satisfied that:

(a)     the person does not know the partner’s tax file number; and

(b)     the person can obtain none of the following from the partner:

(i) the partner’s tax file number;

(ii) a statement of the partner’s tax file number;

Section 258:

Repeal the section, substitute:

Multiple entitlement exclusion

“258. (1) A sole parent pension is not payable to a person if the person is already receiving a service pension.

“(2) If:

(a) a person is receiving a sole parent pension; and

SCHEDULE 1—continued

the sole parent pension is not payable to the person.

Note 3: for the day on which the sole parent pension ceases to be payable see section 287a.

“(3) A sole parent pension is not payable to a woman if:

(a)     the woman is an armed services widow; and

(b)     the woman is receiving:

Note: for ‘armed services widow’ see subsection 4 (1).”.

After section 265:

Insert in Division 2:

Secretary may require claimant to give statement of claimant’s tax file number

“265a. If a claimant for a sole parent pension is in Australia, the Secretary may require the claimant to give the Secretary a written statement of the claimant’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 257a.

Secretary may require claimant to give statement of partner’s tax file number

“265b. If:

(b)     the claimant’s partner is in Australia;

the Secretary may require the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 257b.

Note 3: the Secretary can waive the requirement in some cases: see subsection 257b (4).”.

SCHEDULE 1—continued

Section 275:

Repeal the section, substitute:

Payment to person

“275. A person’s sole parent pension is, subject to section 276, to be paid to that person.”.

Section 277:

Repeal the section, substitute:

Payment into bank account etc.

“277. (1) Subject to subsection (6), sole parent pension payable to a person is to be paid, at the intervals that the Secretary specifies, to the credit of a bank account, credit union account or building society account.

“(2) The account must be an account nominated and maintained by the person to whom the sole parent pension is payable.

“(3) The account may be an account that is maintained by a person to whom the sole parent pension is payable either alone or jointly or in common with another person.

“(4) Where a person to whom sole parent pension is payable has not nominated an account for the purposes of subsection (1), then, subject to subsection (6), that pension is not to be paid.

“(5) Where:

the pension (including any amounts that would have been paid but for subsection (4)) is to be paid under subsection (1).

“(6) The Secretary may direct that the whole or a part of an amount of sole parent pension that is payable to a person may be paid to the person in a different way from that provided for by subsection (1).

“(7) If the Secretary gives a direction under subsection (6), the sole parent pension is to be payable in accordance with the direction.”.

After section 283:

Insert:

Secretary may require recipient to give statement of recipient’s tax file number

“283a. If a sole parent pension recipient is in Australia, the Secretary may require the recipient to give the Secretary a written statement of the recipient’s tax file number.

SCHEDULE 1—continued

Note 1: for the consequences of a failure to comply with the requirement see section 257a.

Secretary may require recipient to give statement of partner’s tax file number

“283b. If:

(a)     a sole patent pension recipient is a member of a couple; and

(b)     the recipient’s partner is in Australia;

the Secretary may require the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 257b.

Note 3: the Secretary can waive the requirement in some cases: see subsection 257b (4).”.

Paragraph 287 (1) (c):

Insert “287a,” before “288”.

Paragraph 287 (2) (a):

Insert “290a,” before “291”.

Before section 288:

Insert in Subdivision B:

Automatic termination—transfer to new payment type

“287a. If:

(a)     a person is receiving a sole parent pension; and

the sole parent pension ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.”.

Before section 291:

Insert in Subdivision C:

Automatic rate reduction—partner starting to receive pension or benefit

“290a. If:

(a)     a person is receiving a sole parent pension; and

(b)     the person’s partner starts to receive:

(i) a social security pension or benefit; or

(ii) a service pension; and

SCHEDULE 1—continued

the sole parent pension becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension or benefit.

Section 312:

Add at the end:

“(3) If:

(a)     a person is receiving a sole parent pension; and

(b)     the person is a member of a couple; and

(c)     the person dies; and

(d)     the person:

there is payable to the partner an amount equal to the sum of the following amounts:

(f) the difference between:

“(4) If:

(a)     a person is receiving a sole parent pension; and

(b)     the person is not a member of a couple; and

(c)     the person dies; and

(d)     the person:

(ii) would have been so qualified if the person had not died;

SCHEDULE 1—continued

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:

(e) the difference between:

Section 313:

Add at the end:

After paragraph 316 (1) (a):

Insert:

Section 318:

Add at the end:

Claim resulting from a major disaster

“(4) If a person:

(a)     claims a disaster relief payment; and

(b)    is qualified for the payment; and

the person’s provisional commencement day is the day on which he or she was affected by the disaster.”.

Alter section 320:

Insert:

Provision of person’s tax file number

“320a. (1) A widowed person allowance is not payable to a person if:

SCHEDULE 1—continued

“(2) The person satisfies this subsection if:

(a) the person’s declaration states that the person:

(i) has a tax file number but does not know what it is; and

(i) whether the person has a tax file number; and

“(3) The person satisfies this subsection if:

(d)     the application for a tax file number has not been withdrawn.”.

Section 321:

Repeal the section, substitute:

Multiple entitlement exclusion

“321. (1) A widowed person allowance is not payable to a person if the person is already receiving a service pension.

“(2) If:

(a) a person is receiving a widowed person allowance; and

SCHEDULE 1—continued

the widowed person allowance is not payable to the person.

“(3) A widowed person allowance is not payable to a woman if:

(a)     the woman is an armed services widow; and

(b)     the woman is receiving:

Note: for ‘armed services widow’ see subsection 4 (1).”.

After section 325:

Insert in Division 2:

Secretary may require claimant to give statement of claimant’s tax file number

“325a. If a claimant for a widowed person allowance is in Australia, the Secretary may require the claimant to give the Secretary a written statement of the claimant’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 320a.

Section 334:

Repeal the section, substitute:

Payment to person

“334. A person’s widowed person allowance is, subject to section 335, to be paid to that person.”.

Section 336:

Repeal the section, substitute:

SCHEDULE 1—continued

Payment into bank account etc.

“336. (1) Subject to subsection (6), widowed person allowance payable to a person is to be paid, at the intervals that the Secretary specifies, to the credit of a bank account, credit union account or building society account.

“(2) The account must be an account nominated and maintained by the person to whom the widowed person allowance is payable.

“(3) The account may be an account that is maintained by a person to whom the widowed person allowance is payable either alone or jointly or in common with another person.

“(4) Where a person to whom widowed person allowance is payable has not nominated an account for the purposes of subsection (1), then, subject to subsection (6), that allowance is not to be paid.

“(5) Where:

the allowance (including any amounts that would have been paid but for subsection (4)) is to be paid under subsection (1).

“(6) The Secretary may direct that the whole or a part of an amount of widowed person allowance that is payable to a person may be paid to the person in a different way from that provided for by subsection (1).

“(7) If the Secretary gives a direction under subsection (6), the widowed person allowance is to be payable in accordance with the direction.”.

Before section 341:

Insert in Division 7:

Secretary may require recipient to give statement of recipient’s tax file number

“340a. If a recipient of a widowed person allowance is in Australia, the Secretary may require the recipient to give the Secretary a written statement of the recipient’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 320a.

Subparagraph 344 (1) (d) (i):

Insert “344a,” before “345”.

SCHEDULE 1—continued

Before section 345:

Insert in Subdivision B:

Automatic termination—transfer to new payment type

“344a. If:

(a)     a person is receiving a widowed person allowance; and

the widowed person allowance ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.”.

Section 359:

Add at the end:

“(3) If:

(a)     a person is receiving a widowed person allowance; and

(b)     the person dies; and

(c)     the person:

(ii) would have been so qualified if the person had not died;

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:

(d) the difference between:

Section 360:

Add at the end:

After paragraph 364 (1) (a):

Insert:

SCHEDULE 1—continued

Section 366:

Add at the end:

Claim resulting from a major disaster

“(4) If a woman:

(a)     claims a disaster relief payment; and

(b)     is qualified for the payment; and

the woman’s provisional commencement day is the day on which she was affected by the disaster.”.

After section 367:

Insert:

Provision of tax file number

“367a. (1) A widow B pension is not payable to a woman if:

“(2) The woman satisfies this subsection if:

(a) the woman’s declaration states that the woman:

(i) has a tax file number but does not know what it is; and

(i) whether the woman has a tax file number; and

“(3) The woman satisfies this subsection if:

SCHEDULE 1—continued

(d)     the application for a tax file number has not been withdrawn.”.

Section 368:

Repeal the section, substitute:

Multiple entitlement exclusion

“368. (1) A widow B pension is not payable to a woman if the woman is already receiving a service pension.

“(2) If:

(a)     a woman is receiving a widow B pension; and

the widow B pension is not payable to the woman.

Note 3: for the day on which the widow B pension ceases to be payable see section 392a.

“(3) A widow B pension is not payable to a woman if:

(a)     the woman is an armed services widow; and

(b)     the woman is receiving:

Note: for ‘armed services widow’ see subsection 4 (1).”.

After section 372:

Insert in Division 2:

SCHEDULE 1—continued

Secretary may require claimant to give statement of claimant’s tax file number

“372a. If a claimant for a widow B pension is in Australia, the Secretary may require the claimant to give the Secretary a written statement of the claimant’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 367a.

Section 382:

Repeal the section, substitute:

Payment to person

“382. A woman’s widow B pension is, subject to section 383, to be paid to that woman.”.

Section 384:

Repeal the section, substitute:

Payment into bank account etc.

“384. (1) Subject to subsection (6), widow B pension payable to a person is to be paid, at the intervals that the Secretary specifies, to the credit of a bank account, credit union account or building society account.

“(2) The account must be an account nominated and maintained by the person to whom the widow B pension is payable.

“(3) The account may be an account that is maintained by the person to whom the widow B pension is payable either alone or jointly or in common with another person.

“(4) Where a person to whom widow B pension is payable has not nominated an account for the purposes of subsection (1), then, subject to subsection (6), that pension is not to be paid.

“(5) Where:

the pension (including any amounts that would have been paid but for subsection (4)) is to be paid under subsection (1).

“(6) The Secretary may direct that the whole or a part of an amount of widow B pension that is payable to a person may be paid to the person in a different way from that provided for by subsection (1).

SCHEDULE 1—continued

“(7) If the Secretary gives a direction under subsection (6), the widow B pension is to be payable in accordance with the direction.”.

Before section 389:

Insert in Division 7:

Secretary may require recipient to give statement of recipient’s tax file number

“388a. If a recipient of a widow B pension is in Australia, the Secretary may require the recipient to give the Secretary a written statement of the recipient’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 367a.

Paragraph 392 (1) (c):

Insert “392a,” before “393”.

Before section 393:

Insert in Subdivision B:

Automatic termination—transfer to new payment type

“392a. If:

(a)     a woman is receiving a widow B pension; and

the widow B pension ceases to be payable to the woman immediately before the day on which the other pension or benefit becomes payable to the woman.”.

Section 407:

Add at the end:

“(3) If:

(a)     a woman is receiving a widow B pension; and

(b)     the woman dies; and

(c)     the woman:

(ii) would have been so qualified if she had not died; there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:

(d) the difference between:

(i) the amount of widow B pension that would have been

SCHEDULE 1—continued

payable to the woman under section 405 if she had not died; and

Section 408:

Add at the end:

After paragraph 411 (1) (b):

Insert:

After section 412:

Insert:

Provision of person’s tax file number

“412a. (1) A sheltered employment allowance is not payable to a person if:

“(2) The person satisfies this subsection if:

(a) the person’s declaration states that the person:

(i) has a tax file number but does not know what it is; and

(i) whether the person has a tax file number; and

SCHEDULE 1—continued

“(3) The person satisfies this subsection if:

(d)     the application for a tax file number has not been withdrawn.

Provision of partner’s tax file number

“412b. (1) Subject to subsection (4), a sheltered employment allowance is not payable to a person if:

(a)     the person is a member of a couple; and

“(2) The person satisfies this subsection if:

(a) the partner’s declaration states that the partner:

(i) has a tax file number but does not know what it is; and

(i) whether the partner has a tax file number; and

SCHEDULE 1—continued

“(3) The person satisfies this subsection if:

(d)     the application for a tax file number has not been withdrawn.

“(4) The Secretary may waive the requirement for a statement of the partner’s tax file number if the Secretary is satisfied that:

(a)     the person does not know the partner’s tax file number; and

(b)     the person can obtain none of the following from the partner:

(i) the partner’s tax file number;

(ii) a statement of the partner’s tax file number;

Section 413:

Repeal the section, substitute:

Multiple entitlement exclusion

“413. (1) A sheltered employment allowance is not payable to a person if the person is already receiving a service pension.

“(2) If:

(a)     a person is receiving a sheltered employment allowance; and

the sheltered employment allowance is not payable to the person.

SCHEDULE 1—continued

After section 418:

Insert in Division 2:

Secretary may require claimant to give statement of claimant’s tax file number

“418a. The Secretary may require a claimant for a sheltered employment allowance to give the Secretary a written statement of the claimant’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 412a.

Secretary may require claimant to give statement of partner’s tax file number

“418b. If:

(b)     the claimant’s partner is in Australia;

the Secretary may require the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 412b.

Note 3: the Secretary can waive the requirement in some cases: see subsection 412b (4).” .,

Section 428:

Repeal the section, substitute:

Payment to person

“428. A person’s sheltered employment allowance is, subject to section 429, to be paid to that person.”.

Section 430:

Repeal the section, substitute:

Payment into bank account etc.

“430. (1) Subject to subsection (6), sheltered employment allowance payable to a person is to be paid, at the intervals that the Secretary specifies, to the credit of a bank account, credit union account or building society account.

“(2) The account must be an account nominated and maintained by the person to whom the sheltered employment allowance is payable.

SCHEDULE 1—continued

“(3) The account may be an account that is maintained by a person to whom the sheltered employment allowance is payable either alone or jointly or in common with another person.

“(4) Where a person to whom sheltered employment allowance is payable has not nominated an account for the purposes of subsection (1), then, subject to subsection (6), that allowance is not to be paid.

“(5) Where:

the allowance (including any amounts that would have been paid but for subsection (4)) is to be paid under subsection (1).

“(6) The Secretary may direct that the whole or a part of an amount of sheltered employment allowance that is payable to a person may be paid to the person in a different way from that provided for by subsection (1).

“(7) If the Secretary gives a direction under subsection (6), the sheltered employment allowance is to be payable in accordance with the direction.”.

Before section 435:

Insert in Division 7:

Secretary may require recipient to give statement of recipient’s tax file number

“434a. The Secretary may require a recipient of a sheltered employment allowance to give the Secretary a written statement of the recipient’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 412a.

Secretary may require recipient to give statement of partner’s tax file number

“434b. If:

(b)     the recipient’s partner is in Australia;

the Secretary may require the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 412b.

SCHEDULE 1—continued

Note 3: the Secretary can waive the requirement in some cases: see subsection 412b (4).”.

Paragraph 438 (1) (c):

Insert “438a,” before “439”.

Paragraph 438 (2) (a):

Insert “440a,” before “441”.

Before section 439:

Insert in Subdivision B:

Automatic termination—transfer to new payment type

“438a. If:

(a)     a person is receiving a sheltered employment allowance; and

the sheltered employment allowance ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.”.

Before section 441:

Insert in Subdivision C:

Automatic rate reduction—partner starting to receive pension or benefit

“440a. If:

(a)     a person is receiving a sheltered employment allowance; and

(b)     the person’s partner starts to receive:

(i) a social security pension or benefit; or

(ii) a service pension; and

the sheltered employment allowance becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension or benefit.”.

Section 458:

Add at the end:

“(3) If:

(a)     a person is receiving a sheltered employment allowance; and

(b)     the person is a member of a couple; and

(c)     the person dies; and

(d)     the person:

SCHEDULE 1—continued

there is payable to the partner an amount equal to the sum of the following amounts:

(f) the difference between:

“(4) If:

(a)     a person is receiving a sheltered employment allowance; and

(b)     the person is not a member of a couple; and

(c)     the person dies; and

(d)     the person:

(ii) would have been so qualified if the person had not died; there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:

(e) the difference between:

Section 459:

Add at the end:

SCHEDULE 1—continued

After paragraph 462 (1) (b):

Insert:

After section 463:

Insert:

Provision of person’s tax file number

“463a. (1) A rehabilitation allowance is not payable to a person if:

“(2) The person satisfies this subsection if:

(a) the person’s declaration states that the person:

(i) has a tax file number but does not know what it is; and

(i) whether the person has a tax file number; and

“(3) The person satisfies this subsection if:

SCHEDULE 1—continued

(d)     the application for a tax file number has not been withdrawn.

Provision of partner’s tax file number

“463b. (1) Subject to subsection (4), a rehabilitation allowance is not payable to a person if:

(a)     the person is a member of a couple; and

“(2) The person satisfies this subsection if:

(a) the partner’s declaration states that the partner:

(i) has a tax file number but does not know what it is; and

(i) whether the partner has a tax file number; and

“(3) The person satisfies this subsection if:

SCHEDULE 1—continued

(d)     the application for a tax file number has not been withdrawn.

“(4) The Secretary may waive the requirement for a statement of the partner’s tax file number if the Secretary is satisfied that:

(a)     the person does not know the partner’s tax file number; and

(b)     the person can obtain none of the following from the partner:

(i) the partner’s tax file number;

(ii) a statement of the partner’s tax file number;

Section 464:

Repeal the section, substitute:

Multiple entitlement exclusion

“464. (1) A rehabilitation allowance is not payable to a person if the person is already receiving a service pension.

“(2) If:

(a)     a person is receiving a rehabilitation allowance; and

the rehabilitation allowance is not payable to the person.

After section 467:

Insert in Division 2:

Secretary may require claimant to give statement of claimant’s tax file number

“467a. The Secretary may require a claimant for a rehabilitation allowance to give the Secretary a written statement of the claimant’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 463a.

SCHEDULE 1—continued

Secretary may require claimant to give statement of partner’s tax file number

“467b. If:

(b)     the claimant’s partner is in Australia;

the Secretary may require the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 463b.

Note 3: the Secretary can waive the requirement in some cases: see subsection 463b (4).”.

Section 480:

Repeal the section, substitute:

Payment to person

“480. A person’s rehabilitation allowance is, subject to section 481, to be paid to that person.”.

Section 482:

Repeal the section, substitute:

Payment into bank account etc.

“482. (1) Subject to subsection (6), rehabilitation allowance payable to a person is to be paid, at the intervals that the Secretary specifies, to the credit of a bank account, credit union account or building society account.

“(2) The account must be an account nominated and maintained by the person to whom the rehabilitation allowance is payable.

“(3) The account may be an account that is maintained by a person to whom the rehabilitation allowance is payable either alone or jointly or in common with another person.

“(4) Where a person to whom rehabilitation allowance is payable has not nominated an account for the purposes of subsection (1), then, subject to subsection (6), that allowance is not to be paid.

“(5) Where:

the allowance (including any amounts that would have been paid but for subsection (4)) is to be paid under subsection (1).

SCHEDULE 1—continued

“(6) The Secretary may direct that the whole or a part of an amount of rehabilitation allowance that is payable to a person may be paid to the person in a different way from that provided for by subsection (1).

“(7) If the Secretary gives a direction under subsection (6), the rehabilitation allowance is to be payable in accordance with the direction.”.

Before section 487:

Insert in Division 7:

Secretary may require recipient to give statement of recipient’s tax file number

“486a. The Secretary may require a recipient of a rehabilitation allowance to give the Secretary a written statement of the recipient’s tax file number.

Note 1: for the consequences of a failure to comply with the requirement see section 463a.

Secretary may require recipient to give statement of partner’s tax file number

“486b. If:

(b)     the recipient’s partner is in Australia;

the Secretary may require the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 463b.

Note 3: the Secretary can waive the requirement in some cases: see subsection 463b (4).”.

Paragraph 490 (1) (c):

Insert “490a,” before “491”.

Paragraph 490 (2) (a):

Insert “492a,” before “493”.

Before section 491:

Insert in Subdivision B:

Automatic termination—transfer to new payment type

“490a. If:

(a) a person is receiving a rehabilitation allowance; and

SCHEDULE 1—continued

the rehabilitation allowance ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.”.

Before section 493:

Insert in Subdivision C:

Automatic rate reduction—partner starting to receive pension or benefit

“492a. If:

(a)     a person is receiving a rehabilitation allowance; and

(b)     the person’s partner starts to receive:

(i) a social security pension or benefit; or

(ii) a service pension; and

the rehabilitation allowance becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension or benefit.”.

Section 510:

Add at the end:

“(3) If:

(a)     a person is receiving a rehabilitation allowance; and

(b)     the person is a member of a couple; and

(c)     the person dies; and

(d)     the person:

there is payable to the partner an amount equal to the sum of the following amounts:

(f) the difference between:

SCHEDULE 1—continued

“(4) If:

(a)     a person is receiving a rehabilitation allowance; and

(b)     the person is not a member of a couple; and

(c)     the person dies; and

(d)     the person:

(ii) would have been so qualified if the person had not died;

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:

(e) the difference between:

Section 511:

Add at the end:

Section 533:

Add at the end:

Claim resulting from a major disaster

“(6) If a person:

(a)     claims a disaster relief payment; and

(b)    is qualified for the payment; and

the person’s provisional commencement day is the day on which he or she was affected by the disaster.”.

Before section 590:

Insert the heading:

SCHEDULE 1—continued

“Subdivision A—Death of dependent child”.

After section 592:

Insert:

“Subdivision B—Death of recipient

Death of recipient

“592a. (1) If:

(a)     a person is receiving a job search allowance; and

(b)     the person is a member of a couple; and

(c)     the person dies; and

(d)     the person:

there is payable to the partner an amount equal to the sum of the following amounts:

(f) the difference between:

“(2) If:

(a)     a person is receiving a job search allowance; and

(b)     the person is not a member of a couple; and

(c)     the person dies; and

(d)     the person:

(ii) would have been so qualified if the person had not died;

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:

(e) the difference between:

(i) the amount of job search allowance that would have been

SCHEDULE 1—continued

payable to the person under section 591 if the person had not died; and

Before section 660m:

Insert the heading:

“Subdivision A—Death of dependent child”.

After section 660o:

Insert:

“Subdivision B—Death of recipient

Death of recipient

“660p. (1) If:

(a)     a person is receiving a newstart allowance; and

(b)     the person is a member of a couple; and

(c)     the person dies; and

(d)     the person:

there is payable to the partner an amount equal to the sum of the following amounts:

(f) the difference between:

“(2) If:

(a) a person is receiving a newstart allowance; and

SCHEDULE 1—continued

(b)     the person is not a member of a couple; and

(c)     the person dies; and

(d)     the person:

(ii) would have been so qualified if the person had not died;

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:

(e) the difference between:

After section 664:

Insert:

Sole parent pension recipients

“664a. (1) A person is qualified for an employment entry payment under this section if:

“(2) If the Secretary is satisfied that:

SCHEDULE 1—continued

the following provisions have effect:

“(3) The time determined under paragraph (2) (c) must not be more than 14 days before the person is to commence the employment or the person’s income from employment is to rise.

“(4) In this section:

‘threshold amount’ means the maximum amount of ordinary income that a person receiving newstart allowance could earn, derive or receive without the allowance ceasing to be payable, if the person:

(a)     was not a member of a couple; and

(b)     had one child who had not turned 13; and

(d)     was not receiving rent assistance; and

(e)     was not receiving maintenance income; and

(f)      was not receiving remote area allowance.

“664b. The amount of an employment entry payment under section 664a is $100.00.”.

Subsection 665 (1):

Omit “or 663”, substitute “, 663 or 664a”.

After subsection 665 (2):

Insert:

“(3) A person is not qualified for an employment entry payment under section 664a if the claim for payment is made more than 28 days after the rise in income in respect of which the claim was made.”.

After section 668:

Insert in Subdivision A:

Liquid assets test waiting period

“668a. (1) If:

(ii) the day on which the person claims sickness benefit; and

SCHEDULE 1—continued

(b) the person is not a transferee to sickness benefit;

the person is not qualified for sickness benefit for a period unless the person has served the liquid assets test waiting period in relation to the claim before the beginning of that period.

Note 1: for ‘liquid assets’ see section 14a.

Note 2: for ‘maximum reserve’ see section 14a.

Note 3: for ‘transferee to sickness benefit’ see subsections 23 (6) and (7).

Note 4: for serving the liquid assets test waiting period see subsection 23 (10a).

“(2) The liquid assets test waiting period in relation to the claim lasts for 4 weeks.

“(3) Subject to subsection (4), the liquid assets test waiting period in relation to the claim starts on the day on which the person becomes incapacitated for work.

“(4) If:

(a)     a person becomes unemployed; and

(c)     within that period of 4 weeks:

(i) the person becomes incapacitated for work; and

(ii) the person claims sickness benefit;

the liquid assets test waiting period starts on the day on which the person becomes unemployed.”.

Paragraph 669 (1) (a):

Omit the paragraph, substitute:

After section 670:

Insert:

Provision of partner’s tax file number

“670a. (1) Subject to subsection (4), sickness benefit is not payable to a person if:

(a)     the person is a member of a couple; and

SCHEDULE 1—continued

“(2) The person satisfies this subsection if:

(a) the partner’s declaration states that the partner:

(i) has a tax file number but does not know what it is; and

(i) whether the partner has a tax file number; and

“(3) The person satisfies this subsection if:

(d)     the application for a tax file number has not been withdrawn.

“(4) The Secretary may waive the requirement for a statement of the partner’s tax file number if the Secretary is satisfied that:

(a)     the person does not know the partner’s tax file number; and

(b)    the person can obtain none of the following from the partner:

(i) the partner’s tax file number;

(ii) a statement of the partner’s tax file number;

SCHEDULE 1—continued

Subsection 674 (1):

Omit the subsection, substitute:

“(1) Subject to subsection (2), sickness benefit is not payable to a person who is enrolled in a full-time course of education or vocational training for the period that:

(a)     starts when the person starts the course; and

(b)     finishes when the person:

(i) completes the course; or

(ii) abandons the course; or

(iii) gives notice to the provider of the course that the person:

(a) wishes to withdraw from the course; or

(c)     includes periods of vacation; and

(d)     does not include periods of deferment.”.

Paragraph 674 (2) (a):

Omit “engaged”, substitute “enrolled”.

Section 675:

Repeal the section, substitute:

Multiple entitlement exclusion

“675. (1) Sickness benefit is not payable to a person if the person is already receiving a service pension.

“(2) If:

(a)     a person is receiving sickness benefit; and

the sickness benefit is not payable to the person.

Note 3: for the day on which the sickness benefit ceases to be payable see section 716a.

“(3) Sickness benefit is not payable to a woman if:

(a)     the woman is an armed services widow; and

(b)     the woman is receiving:

(i) a pension under Part II or IV of the Veterans’

SCHEDULE 1—continued

Entitlements Act at a rate determined under or by reference to subsection 30 (1) of that Act; or (ii) a pension under the Seamen’s War Pensions and Allowances Act 1940 at a rate determined under subsection 18 (2) of that Act;

unless:

Note: for ‘armed services widow’ see subsection 4 (1).

“(4) Sickness benefit is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under:

Note: for ‘prescribed educational scheme’ see section 5.

“(5) If:

(a)     a person starts a full-time course of education; and

the Secretary may decide that, in spite of subsection (4), sickness benefit is payable to the person for a period before the person starts the course.”.

Section 676:

Add at the end:

Claim resulting from a major disaster

“(3) If a person:

(a)     claims a disaster relief payment; and

(b)     is qualified for the payment; and

SCHEDULE 1—continued

the person’s provisional commencement day is the day on which he or she was affected by the disaster.”.

After paragraph 683 (1) (b):

Insert:

After paragraph 683 (2) (b):

Insert:

At the end of section 683:

Add:

“(3) If a person:

(a)     is subject to an ordinary waiting period; and

(b)     is not subject to an unused annual leave waiting period; and

the ordinary waiting period is the period of 7 days that starts on the day after the end of the period of 4 weeks referred to in subsections 668a (2), (3) and (4).

“(4) If a person:

(a)     is subject to an ordinary waiting period; and

(b)     is subject to an unused annual leave waiting period; and

the ordinary waiting period is the period of 7 days that starts on the day after the end of the period of 4 weeks referred to in subsections 668a (2), (3) and (4).”.

Paragraph 684 (1) (a):

Omit “course of education of at least 6 months duration on a full-time basis”, substitute “full-time course of education of at least 6 months duration”.

Paragraph 687 (2) (b):

Insert “, otherwise than because of section 668a (liquid assets test waiting period)” after “benefit”.

After section 692:

Insert in Division 2:

SCHEDULE 1—continued

Secretary may require claimant to give statement of partner’s tax file number

“692a. If:

(a)     a claimant for sickness benefit is a member of a couple; and

(b)     the claimant’s partner is in Australia;

the Secretary may require the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 670a.

Note 4: the Secretary can waive the requirement in some cases: see subsection 670a (4).”.

Section 697:

Repeal the section.

Section 706:

Repeal the section, substitute:

Payment to person

“706. A person’s sickness benefit is, subject to section 707, to be paid to that person.”.

Section 708:

Repeal the section, substitute:

Payment into bank account etc.

“708. (1) Subject to subsection (6), sickness benefit payable to a person is to be paid, at the intervals that the Secretary specifies, to the credit of a bank account, credit union account or building society account.

“(2) The account must be an account nominated and maintained by the person to whom the sickness benefit is payable.

“(3) The account may be an account that is maintained by a person to whom the sickness benefit is payable either alone or jointly or in common with another person.

“(4) Where a person to whom sickness benefit is payable has not nominated an account for the purposes of subsection (1), then, subject to subsection (6), that benefit is not to be paid.

“(5) Where:

SCHEDULE 1—continued

the benefit (including any amounts that would have been paid but for subsection (4)) is to be paid under subsection (1).

“(6) The Secretary may direct that the whole or a part of an amount of sickness benefit that is payable to a person may be paid to the person in a different way from that provided for by subsection (1).

“(7) If the Secretary gives a direction under subsection (6), the sickness benefit is to be payable in accordance with the direction.”.

Before section 713:

Insert in Division 7:

Secretary may require recipient to give statement of partner’s tax file number

“712a. If:

(a)     a sickness benefit recipient is a member of a couple; and

(b)     the recipient’s partner is in Australia;

the Secretary may require the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.

Note 1: for the consequences of a failure to comply with the requirement see section 670a.

Note 3: the Secretary can waive the requirement in some cases: see subsection 670A (4).”.

Paragraph 716 (1) (c):

Insert “716a,” before “717”.

Paragraph 716 (2) (a):

Insert “718a or” before “719”.

Before section 717:

Insert in Subdivision B:

Automatic termination—transfer to new payment type

“716a. If:

(a)     a person is receiving sickness benefit; and

the sickness benefit ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.”.

SCHEDULE 1—continued

Before section 719:

Insert in Subdivision C:

Automatic rate reduction—partner starting to receive pension or benefit

“718a. If:

(a)     a person is receiving sickness benefit; and

(b)     the person’s partner starts to receive:

(i) a social security pension or benefit; or

(ii) a service pension; and

the sickness benefit becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension or benefit.”.

Before section 726:

Insert the heading:

“Subdivision A—Death of dependent child”.

After section 728:

Insert:

“Subdivision B—Death of recipient

Death of recipient

“728a. (1) If:

(a)     a person is receiving a sickness benefit; and

(b)     the person is a member of a couple; and

(c)     the person dies; and

(d)     the person:

there is payable to the partner an amount equal to the sum of the following amounts:

(f) the difference between:

SCHEDULE 1—continued

“(2) If:

(a)     a person is receiving a sickness benefit; and

(b)     the person is not a member of a couple; and

(c)     the person dies; and

(d)     the person:

(ii) would have been so qualified if the person had not died;

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:

(e) the difference between:

Paragraph 729 (2) (f):

Omit the paragraph, substitute:

“(f) the person is:

(i) an Australian resident: or

SCHEDULE 1—continued

Local Government and Ethnic Affairs that he or she has a substantial claim for the permit; and

(fa) the person is in Australia throughout the period; and”.

Section 731:

Add at the end:

Claim resulting from a major disaster

“(3) If a person:

(a)     claims a disaster relief payment; and

(b)     is qualified for the payment; and

the person’s provisional commencement day is the day on which he or she was affected by the disaster.”.

After paragraph 732 (1) (a):

Insert:

After section 734:

Insert:

Provision of person’s tax file number

“734a. (1) Special benefit is not payable to a person if:

“(2) The person satisfies this subsection if:

(a) the person’s declaration states that the person: