Social Services Legislation Amendment (Seasonal Worker Incentives for Jobseekers) Act 2017

Administered by Department of Social Services

Legislation au C2017A00054 In force Act

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Social Services Legislation Amendment (Seasonal Worker Incentives for Jobseekers) Act 2017

 

No. 54, 2017

 

 

 

 

 

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

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Main amendments

Social Security Act 1991

Part 2—Other amendments

Farm Household Support Act 2014

Veterans’ Entitlements Act 1986

Part 3—Repeals

Farm Household Support Act 2014

Social Security Act 1991

Veterans’ Entitlements Act 1986

 

 

 

Social Services Legislation Amendment (Seasonal Worker Incentives for Jobseekers) Act 2017

No. 54, 2017

 

 

 

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

[Assented to 22 June 2017]

The Parliament of Australia enacts:

1  Short title

  This Act is the Social Services Legislation Amendment (Seasonal Worker Incentives for Jobseekers) Act 2017.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

22 June 2017

2.  Schedule 1, Parts 1 and 2

1 July 2017.

1 July 2017

3.  Schedule 1, Part 3

1 July 2020.

1 July 2020

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Part 1—Main amendments

Social Security Act 1991

1  Subsection 8(1) (note 3 at the end of the definition of ordinary income)

After “1072 and 1073 (ordinary income concept),”, insert “section 1073K (seasonal horticultural work income exemption),”.

2  After paragraph 8(8)(s)

Insert:

 (sa) a payment made by, or on behalf of, the Commonwealth and known as the seasonal work living away and travel allowance;

3  After subsection 541(3)

Insert:

 (3A) Paragraph (3)(b) does not apply to a person:

 (a) if the full‑time paid work is qualifying seasonal horticultural work (within the meaning of subsection 1073K(6)); and

 (b) while ordinary income earned, derived or received by the person from that work is being disregarded under subsection 1073K(2).

4  Point 1067G‑H1 (after paragraph (a) of note 2)

Insert:

(aa) the seasonal horticultural work income exemption (section 1073K);

5  Point 1068‑G1 (note 3)

After:

• the general concept of ordinary income (sections 1072 and 1073);

insert:

• the seasonal horticultural work income exemption (section 1073K);

6  Section 1072 (note 2)

After “section 1073AA (work bonus),”, insert “section 1073K (seasonal horticultural work income exemption),”.

7  After Division 1AB of Part 3.10

Insert:

Division 1AC—Seasonal horticultural work income exemption

1073K  Seasonal horticultural work income exemption

 (1) This section applies to a person if the Secretary is satisfied that on a day (the placement day) in the 2017‑18 or 2018‑19 financial year the person is placed in qualifying seasonal horticultural work under the program established by the Commonwealth and known as the “Seasonal Horticultural Work program”.

Note: For qualifying seasonal horticultural work, see subsection (6).

 (2) For the purposes of working out the rate of a qualifying payment for the person, disregard the first $5,000 of any ordinary income earned, derived or received by the person from undertaking that work under that program during the period:

 (a) beginning on the first day (the reference day) of the person’s instalment period that includes the placement day; and

 (b) if this section applies to the person in the 2017‑18 financial year—ending at the end of the earlier of the following days:

 (i) the last day of the 12‑month period beginning on the reference day;

 (ii) if this section applies to the person in the 2018‑19 financial year—the day before this section so applies; and

 (c) if this section applies to the person in the 2018‑19 financial year—ending at the end of the last day of the 12‑month period beginning on the reference day.

Note: For qualifying payment, see subsection (5).

 (3) If an amount of ordinary income is disregarded in relation to the person under subsection (2), that amount is also disregarded in relation to the person’s partner (if any) for the purposes of this Act.

 (4) This section applies to a person only once in relation to the 2017‑18 or 2018‑19 financial year, being the first occasion for which subsection (1) is satisfied in relation to that financial year.

Qualifying payments

 (5) For the purposes of this section, a qualifying payment is:

 (a) newstart allowance; or

 (b) youth allowance, where neither section 540AA (about new apprentices) nor paragraph 541(1)(a) (about full‑time study) applies.

Qualifying seasonal horticultural work

 (6) For the purposes of this section, qualifying seasonal horticultural work is seasonal work of a kind determined in an instrument under subsection (7).

Note: For seasonal work, see section 16A.

 (7) The Employment Secretary may, by legislative instrument, determine kinds of seasonal work for the purposes of subsection (6).

Part 2—Other amendments

Farm Household Support Act 2014

8  After paragraph 94(m)

Insert:

 (ma) section 1073K (seasonal horticultural work income exemption);

Veterans’ Entitlements Act 1986

9  After paragraph 5H(8)(he)

Insert:

 (hf) an amount of ordinary income (within the meaning of the Social Security Act 1991) that is disregarded under subsection 1073K(2) of that Act;

 (hg) a payment made by, or on behalf of, the Commonwealth and known as the seasonal work living away and travel allowance;

Part 3—Repeals

Farm Household Support Act 2014

10  Paragraph 94(ma)

Repeal the paragraph.

Social Security Act 1991

11  Subsection 8(1) (note 3 at the end of the definition of ordinary income)

Omit “section 1073K (seasonal horticultural work income exemption),”.

12  Paragraph 8(8)(sa)

Repeal the paragraph.

13  Subsection 541(3A)

Repeal the subsection.

14  Point 1067G‑H1 (paragraph (aa) of note 2)

Repeal the paragraph.

15  Point 1068‑G1 (note 3)

Omit:

• the seasonal horticultural work income exemption (section 1073K);

16  Section 1072 (note 2)

Omit “section 1073K (seasonal horticultural work income exemption),”.

17  Division 1AC of Part 3.10

Repeal the Division.

Veterans’ Entitlements Act 1986

18  Paragraphs 5H(8)(hf) and (hg)

Repeal the paragraphs.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 23 March 2017

Senate on 30 March 2017]

 

(52/17)

 

Overview

The Social Services Legislation Amendment (Seasonal Worker Incentives for Jobseekers) Act 2017 was enacted by the Parliament of Australia to address the gap in social security support for jobseekers who engage in seasonal horticultural work. The Act amends the Social Security Act 1991 to introduce a seasonal work living away and travel allowance and provides an exemption for the first $5,000 of ordinary income earned from qualifying seasonal horticultural work. This amendment aims to incentivise jobseekers to participate in seasonal work by reducing the impact of income on their social security payments. The Act also makes corresponding amendments to the Farm Household Support Act 2014 and the Veterans’ Entitlements Act 1986 and repeals certain provisions to align with the new framework. The policy objective is to encourage jobseekers to engage in seasonal horticultural work by providing financial incentives and reducing the disincentives created by income-tested social security payments.

Scope and Application

The Social Services Legislation Amendment (Seasonal Worker Incentives for Jobseekers) Act 2017 amends the Social Security Act 1991, Farm Household Support Act 2014, and Veterans’ Entitlements Act 1986 to introduce incentives for jobseekers to participate in seasonal horticultural work. The amendments apply to individuals who are placed in qualifying seasonal horticultural work under the Commonwealth’s Seasonal Horticultural Work program during the 2017-18 or 2018-19 financial years. Specifically, the Act exempts the first $5,000 of ordinary income earned from such work when calculating the rate of certain qualifying payments, such as newstart allowance or youth allowance, provided certain conditions are met. This exemption also extends to the person's partner, if any. The Act will commence on the day it receives Royal Assent, which is 22 June 2017, with further provisions coming into effect on 1 July 2017 and 1 July 2020. The amendments include references to the new seasonal work income exemption in relevant sections and notes of the Social Security Act 1991, Farm Household Support Act 2014, and Veterans’ Entitlements Act 1986. The Act also repeals certain sections and notes upon its commencement in 2020.

Key Provisions

The Social Services Legislation Amendment (Seasonal Worker Incentives for Jobseekers) Act 2017 primarily amends the Social Security Act 1991 to introduce a seasonal horticultural work income exemption, particularly for the 2017-18 and 2018-19 financial years. Section 1073K of the Social Security Act is inserted to allow the Secretary to disregard the first $5,000 of ordinary income for jobseekers engaged in qualifying seasonal horticultural work under the Seasonal Horticultural Work program. This exemption applies to newstart allowance and youth allowance recipients, provided certain conditions are met. The amendment also references the exemption in relevant sections and notes of the Social Security Act, ensuring it is considered in the broader context of ordinary income and qualifying payments. The Act imposes specific obligations on both jobseekers and the Secretary. Jobseekers must engage in qualifying seasonal horticultural work under the Commonwealth's Seasonal Horticultural Work program to be eligible for the income exemption. The Secretary, on the other hand, must be satisfied that the jobseeker is placed in qualifying seasonal horticultural work on a specified day in the relevant financial years. Additionally, the Employment Secretary has the authority to determine the kinds of seasonal work that qualify for the exemption through a legislative instrument. Breach of the provisions in this Act does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, non-compliance with the terms of the income exemption could potentially lead to the disallowance of the exemption, impacting the jobseeker's eligibility for qualifying payments. The Act itself does not detail criminal or civil penalties for non-compliance, but general legal principles would apply if a breach were to occur, potentially resulting in legal action to enforce compliance or recover any improperly received benefits.

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Area of Law
Social Security
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Definitions & Interpretation
Reporting & Disclosure Obligations
Licensing & Registration
Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.