Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Further 1998
Budget Measures Legislation Amendment (Social Security) Bill
1999
No. ,
1999
(Family and Community
Services)
A Bill for an Act to amend the
Social Security Act 1991, and for related purposes
ISBN: 0642 389454
Contents
Social Security Act
1991 3
Social Security Act
1991 4
Part 1—Amendments introducing a special employment advance for
certain persons 41
Social Security Act
1991 41
Part 2—Amendments to abolish the employment entry payment and modify
the education entry
payment 68
Social Security Act
1991 68
Social Security Act
1991 69
Part
1—Amendments 81
Social Security Act
1991 81
Health Insurance Act
1973 91
Part
2—Saving 92
Part 1—Amendments relating to portability of
pensions 93
Social Security Act
1991 93
Part 2—Amendments relating to rates of pensions payable under
portability provisions 94
Social Security Act
1991 94
Part 3—Amendments relating to the grant of pensions
overseas 95
Social Security Act
1991 95
Part 4—Amendments relating to the application of international
agreements where persons transfer to another pension while
overseas 96
Social Security Act
1991 96
Part 5—Amendments relating to the waiver of debts arising under
international
agreements 97
Social Security Act
1991 97
Part 6—Amendments relating to the transfer to age pension of persons
temporarily overseas 98
Social Security Act
1991 98
Social Security Act
1991 99
Social Security Act
1991 102
Social Security Act
1991 104
Social Security Act
1991 106
Health Insurance Act
1973 107
A Bill for an Act to amend the Social Security Act
1991, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Further 1998 Budget Measures Legislation
Amendment (Social Security) Act 1999.
(1) Subject to subsections (2) to (8) (inclusive), this Act commences on
the day on which it receives the Royal Assent.
(2) Schedules 1 and 4 commence on 1 July 1999.
(3) Schedules 2, 7, 8 and 9 commence on 20 September 1999.
(4) Schedule 3 commences immediately after the commencement of Schedule
2.
(5) Subject to subsection (6), Schedule 5 commences on a day to be fixed
by Proclamation.
(6) If Schedule 5 does not commence within the period of 6 months
beginning on the day on which this Act receives the Royal Assent, that Schedule
commences on the first day after the end of that period.
(7) Schedule 10 commences on 1 March 2000.
(8) Part 6 of Schedule 6 commences on 1 August 2000.
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.
1 Section 3 (index)
Repeal:
|
special maintenance income |
10(1) |
2 Subsection 10(1) (definition of non-cash
housing maintenance) (note)
Omit “and section 1117”.
3 Subsection 10(1) (definition of special
maintenance income)
Repeal the definition and the note.
4 Point 1069-J1 (method statement, step 1, note
2)
Repeal the note.
5 Point 1069-J1 (method statement, step 6,
note)
Repeal the note, substitute:
Note: The application for the maintenance income test is
affected by section 1116 (apportionment of capitalised maintenance
income).
6 Point 1069-J3
Repeal the point.
7 Points 1069-J6 and
1069-J7
Repeal the points.
8 Section 1117
Repeal the section.
1 Section 3 (index of
definitions)
Insert the following entries in their appropriate alphabetical positions,
determined on a letter-by-letter basis:
|
CDEP Scheme |
23(1) |
|
CDEP Scheme participant |
23(1) |
|
CDEP Scheme payment |
23(1) |
|
CDEP Scheme quarter |
23(1) |
2 Section 3 (index of
definitions)
Omit:
|
Commonwealth funded employment program |
23(1) |
3 After section 3
Insert:
If:
(a) a provision of this Act refers to a determination made, approval given
or other act done by the Secretary; and
(b) there is no other provision of this Act expressly conferring power on
the Secretary to make the determination, give the approval or do the
act;
the Secretary has power by this section to make such a determination, give
such an approval or do such an act, as the case requires.
4 Subsection 23(1)
Insert:
CDEP Scheme means the scheme known as the Community
Development Employment Projects Scheme.
5 Subsection 23(1)
Insert:
CDEP Scheme participant has the meaning given
by section 1188B.
6 Subsection 23(1)
Insert:
CDEP Scheme payment means a payment (expressed
as a fortnightly rate) made from the wages component grant under the CDEP
Scheme.
7 Subsection 23(1)
Insert:
CDEP Scheme quarter means:
(a) such period (if any) as the Secretary determines in respect of the
provision in which the expression occurs; or
(b) in relation to a provision in respect of which there is no
determination by the Secretary in force under paragraph (a)—a quarter
within the meaning of the CDEP Scheme.
8 Subsection 23(1) (definition of
Commonwealth funded employment program)
Repeal the definition.
9 Subsection 23(1) (at the end of the definition
of social security recipient status)
Add (but not as part of paragraph (b)):
; and includes status held on or after 20 September 1999 as a CDEP Scheme
participant receiving the CDEP Scheme Participant Supplement.
10 Paragraph 408CA(1)(h)
Repeal the paragraph.
11 Section 408CG
Repeal the section, substitute:
The maximum basic rate, and the remote area allowance, of widow allowance
for a period are not payable to a woman who is a CDEP Scheme participant in
respect of the whole or a part of the period.
Note 1: For remote area allowance see Module J
of Benefit Rate Calculator B.
Note 2: For CDEP Scheme participant see
subsection 23(1).
12 At the end of Division 6 of Part
2.8A
Add:
(1) A person who is a CDEP Scheme participant in respect of the whole or a
part of a quarter may, by written notice given to the Secretary, choose to
accumulate the amounts of any widow allowance that become payable to the person
in respect of that quarter, or any later quarter in respect of the whole or a
part of which the person is a CDEP Scheme participant, and have not already been
paid.
(2) If a person to whom subsection (1) applies makes a choice under that
subsection, the sum of the accumulated amounts payable to the person in respect
of a quarter is to be paid on, or as soon as practicable after, the first payday
after:
(a) unless paragraph (b) applies, the last day of the quarter;
or
(b) if the person ceases to be a CDEP Scheme participant before the end of
the quarter—the day on which the person so ceases.
(3) In this section:
quarter means a CDEP Scheme quarter.
Note 1: For CDEP Scheme participant see
section 1188B.
Note 2: For CDEP Scheme quarter see subsection
23(1).
13 Paragraph 500I(1)(g)
Repeal the paragraph.
14 Section 500W
Repeal the section, substitute:
The maximum basic rate, and the remote area allowance, of a parenting
payment for a period is not payable to a person who is a member of a couple and
is a CDEP Scheme participant in respect of the whole or a part of the
period.
Note 1: For CDEP Scheme participant see
subsection 23(1).
Note 2: For remote area allowance see Module G
of PP (partnered) Rate Calculator.
15 At the end of Division 5 of Part
2.10
Add:
(1) A person who is a member of a couple, and is a CDEP Scheme participant
in respect of the whole or a part of a quarter, may, by written notice given to
the Secretary, choose to accumulate the amounts of any parenting payment that
become payable to the person in respect of that quarter, or any later quarter in
respect of the whole or a part of which the person is a CDEP Scheme participant,
and have not already been paid.
(2) If a person to whom subsection (1) applies makes a choice under that
subsection, the sum of the accumulated amounts payable to the person in respect
of a quarter is to be paid on, or as soon as practicable after, the first payday
after:
(a) unless paragraph (b) applies, the last day of the quarter;
or
(b) if the person ceases to be a CDEP Scheme participant before the end of
the quarter—the day on which the person so ceases.
(3) In this section:
quarter means a CDEP Scheme quarter.
Note 1: For CDEP Scheme participant see
section 1188B.
Note 2: For CDEP Scheme quarter see subsection
23(1).
16 At the end of Division 9 of Part
2.10
Add:
If a benefit becomes payable under this Division in respect of a person
who was a CDEP Scheme participant in respect of the day on which the benefit
becomes payable, the amount of the benefit is to be the amount that would have
been the amount of the benefit if section 500W had not been enacted.
Note: For CDEP Scheme participant see section
1188B.
17 Section 540
Omit all the words before paragraph (b), substitute:
Subject to this Subdivision, a person is qualified for a youth allowance
in respect of a period if:
(a) either of the following applies:
(i) throughout the period the person satisfies the activity test (see
Subdivision B) or is not required to satisfy the activity test (see Subdivision
C);
(ii) the person is a CDEP Scheme participant (see section 1188B) in
respect of the period;
18 Paragraphs 540(b), (c) and
(d)
Before “the person” (first occurring), insert “throughout
the period”.
19 At the beginning of paragraph
546(1)(c)
Insert “except where the person is a CDEP Scheme participant in
respect of the period,”.
20 Paragraphs 552(c) and
(d)
Repeal the paragraphs, substitute:
(c) an assurance of support applies to the person (see section
552B).
21 At the end of Subdivision E of Division 2 of
Part 2.11
Add:
The maximum basic rate, and the remote area allowance, of youth allowance
for a period are not payable to a person who is a CDEP Scheme participant in
respect of the whole or a part of the period.
Note 1: For remote area allowance see Module K
of the Youth Allowance Rate Calculator.
Note 2: For CDEP Scheme participant see
subsection 23(1).
22 At the end of Division 6 of Part
2.11
Add:
(1) A person who is a CDEP Scheme participant in respect of the whole or a
part of a quarter may, by written notice given to the Secretary, choose to
accumulate the amounts of any youth allowance that become payable to the person
in respect of that quarter, or any later quarter in respect of the whole or a
part of which the person is a CDEP Scheme participant, and have not already been
paid.
(2) If a person to whom subsection (1) applies makes a choice under that
subsection, the sum of the accumulated amounts payable to the person in respect
of a quarter is to be paid on, or as soon as practicable after, the first payday
after:
(a) unless paragraph (b) applies, the last day of the quarter;
or
(b) if the person ceases to be a CDEP Scheme participant before the end of
the quarter—the day on which the person so ceases.
(3) In this section:
quarter means a CDEP Scheme quarter.
Note 1: For CDEP Scheme participant see
section 1188B.
Note 2: For CDEP Scheme quarter see subsection
23(1).
23 At the end of Division 10 of Part
2.11
Add:
If a benefit becomes payable under this Division in respect of a person
who was a CDEP Scheme participant in respect of the day on which the benefit
becomes payable, the amount of the benefit is to be the amount that would have
been the amount of the benefit if section 552C had not been enacted.
Note: For CDEP Scheme participant see section
1188B.
24 Paragraphs 593(1)(a) and
(b)
Repeal the paragraphs, substitute:
(a) the person satisfies the Secretary that:
(i) throughout the period the person is unemployed; or
(ii) the person is a CDEP Scheme participant in respect of the period;
and
Note: For CDEP Scheme participant see section
1188B.
(b) in the case of a person to whom subparagraph (a)(i)
applies—throughout the period, or for each period within the period, the
person:
(i) satisfies the activity test; or
(ii) is not required to satisfy the activity test; and
25 At the beginning of paragraph
600(1)(c)
Insert “except where the person is a CDEP Scheme participant in
respect of the period,”.
26 Paragraph 608(1)(da)
Repeal the paragraph.
27 Section 614A
Repeal the section, substitute:
The maximum basic rate, and the remote area allowance, of newstart
allowance for a period are not payable to a person who is a CDEP Scheme
participant in respect of the whole or a part of the period.
Note 1: For remote area allowance see Module J
of Benefit Rate Calculator B.
Note 2: For CDEP Scheme participant see
subsection 23(1).
28 At the end of Division 5 of Part
2.12
Add:
(1) A person who is a CDEP Scheme participant in respect of the whole or a
part of a quarter may, by written notice given to the Secretary, choose to
accumulate the amounts of any newstart allowance that become payable to the
person in respect of that quarter, or any later quarter in respect of the whole
or a part of which the person is a CDEP Scheme participant, and have not already
been paid.
(2) If a person to whom subsection (1) applies makes a choice under that
subsection, the sum of the accumulated amounts payable to the person in respect
of a quarter is to be paid on, or as soon as practicable after, the first payday
after:
(a) unless paragraph (b) applies, the last day of the quarter;
or
(b) if the person ceases to be a CDEP Scheme participant before the end of
the quarter—the day on which the person so ceases.
(3) In this section:
quarter means a CDEP Scheme quarter.
Note 1: For CDEP Scheme participant see
section 1188B.
Note 2: For CDEP Scheme quarter see subsection
23(1).
29 At the end of Subdivision AA of Division 9 of
Part 2.12
Add:
If a benefit becomes payable under this Division in respect of a person
who was a CDEP Scheme participant in respect of the day on which the benefit
becomes payable, the amount of the benefit is to be the amount that would have
been the amount of the benefit if section 614A had not been enacted.
Note: For CDEP Scheme participant see section
1188B.
30 Paragraph 660XCA(1)(e)
Repeal the paragraph.
31 Section 660XCH
Repeal the section.
32 At the end of subsection
660YBA(5)
Add:
Note: For CDEP Scheme participant see section
1188B.
33 Paragraph 660YCA(1)(e)
Repeal the paragraph.
34 Section 660YCH
Repeal the section, substitute:
The maximum basic rate, and the remote area allowance, of mature age
allowance for a period are not payable to a person who is a CDEP Scheme
participant in respect of the whole or a part of the period.
Note 1: For remote area allowance see Module J
of Benefit Rate Calculator B.
Note 2: For CDEP Scheme participant see
subsection 23(1).
35 At the end of Division 7 of Part
2.12B
Add:
(1) A person who is a CDEP Scheme participant in respect of the whole or a
part of a quarter may, by written notice given to the Secretary, choose to
accumulate the amounts of any mature age allowance that become payable to the
person in respect of that quarter, or any later quarter in respect of the whole
or a part of which the person is a CDEP Scheme participant, and have not already
been paid.
(2) If a person to whom subsection (1) applies makes a choice under that
subsection, the sum of the accumulated amounts payable to the person in respect
of a quarter is to be paid on, or as soon as practicable after, the first payday
after:
(a) unless paragraph (b) applies, the last day of the quarter;
or
(b) if the person ceases to be a CDEP Scheme participant before the end of
the quarter—the day on which the person so ceases.
(3) In this section:
quarter means a CDEP Scheme quarter.
Note 1: For CDEP Scheme participant see
section 1188B.
Note 2: For CDEP Scheme quarter see subsection
23(1).
36 At the end of Division 11 of Part
2.12B
Add:
If a benefit becomes payable under this Division in respect of a person
who was a CDEP Scheme participant in respect of the day on which the benefit
becomes payable, the amount of the benefit is to be the amount that would have
been the amount of the benefit if section 660YCH had not been enacted.
Note: For CDEP Scheme participant see section
1188B.
37 At the end of section
686
Add:
(7) Sickness allowance is not payable to a person in respect of a period
if the person is a CDEP Scheme participant in respect of the whole or any part
of the period.
38 Paragraph 771HC(1)(e)
Repeal the paragraph.
39 Section 771HK
Repeal the section, substitute:
The maximum basic rate, and the remote area allowance, of partner
allowance for a period are not payable to a person who is a CDEP Scheme
participant in respect of the whole or a part of the period.
Note 1: For remote area allowance see Module J
of Benefit Rate Calculator B.
Note 2: For CDEP Scheme participant see
subsection 23(1).
40 At the end of Division 5 of Part
2.15A
Add:
(1) A person who is a CDEP Scheme participant in respect of the whole or a
part of a quarter may, by written notice given to the Secretary, choose to
accumulate the amounts of any partner allowance that become payable to the
person in respect of that quarter, or any later quarter in respect of the whole
or a part of which the person is a CDEP Scheme participant, and have not already
been paid.
(2) If a person to whom subsection (1) applies makes a choice under that
subsection, the sum of the accumulated amounts payable to the person in respect
of a quarter is to be paid on, or as soon as practicable after, the first payday
after:
(a) unless paragraph (b) applies, the last day of the quarter;
or
(b) if the person ceases to be a CDEP Scheme participant before the end of
the quarter—the day on which the person so ceases.
(3) In this section:
quarter means a CDEP Scheme quarter.
Note 1: For CDEP Scheme participant see
section 1188B.
Note 2: For CDEP Scheme quarter see subsection
23(1).
41 At the end of Division 9 of Part
2.15A
Add:
If a benefit becomes payable under this Division in respect of a person
who was a CDEP Scheme participant in respect of the day on which the benefit
becomes payable, the amount of the benefit is to be the amount that would have
been the amount of the benefit if section 771HK had not been enacted.
Note: For CDEP Scheme participant see section
1188B.
42 Point 1067G-A1 (method statement, step
14)
After “plus”, insert “, except where the person is a CDEP
Scheme participant in respect of the whole or a part of the period for which the
rate of allowance is being worked out,”.
43 Point 1067G-B1
Omit “A person’s maximum basic rate”, substitute
“The maximum basic rate of a person other than a person who is a CDEP
Scheme participant in respect of the whole or a part of the period for which the
maximum basic rate is being worked out”.
44 At the end of point
1067G-B1
Add (but not as part of paragraph (c)):
The maximum basic rate of a person who is a CDEP Scheme participant in
respect of the whole or a part of the period for which the maximum basic rate is
being worked out is nil (see section 552C).
45 Point 1068-A1 (method statement, step
7)
After “plus”, insert “, except where the person is a CDEP
Scheme participant in respect of the whole or a part of the period for which the
rate of benefit is being worked out,”.
46 Point 1068-B1
Omit “A person’s maximum basic rate”, substitute
“The maximum basic rate of a person other than a person who is a CDEP
Scheme participant in respect of the whole or a part of the period for which the
maximum basic rate is being worked out”.
47 Point 1068-B1 (after the third
sentence)
Insert “The maximum basic rate of a person who is a CDEP Scheme
participant in respect of the whole or a part of the period for which the
maximum basic rate is being worked out is nil (see sections 408CG, 614A, 660YCH
and 771HK).”.
48 Point 1068B-A3 (method statement, step
8)
After “plus”, insert “, except where the person is a CDEP
Scheme participant in respect of the whole or a part of the period for which the
rate of payment is being worked out,”.
49 Point 1068B-A3A (method statement, step
7)
After “plus”, insert “, except where the person is a CDEP
Scheme participant in respect of the whole or a part of the period for which the
rate of payment is being worked out,”.
50 Point 1068B-C1
After “payable to a person”, insert “other than a person
who is a CDEP Scheme participant in respect of the whole or a part of the period
for which the maximum basic rate is being worked out”.
51 Point 1068B-C2
After “payable to a person”, insert “other than a person
who is a CDEP Scheme participant in respect of the whole or a part of the period
for which the maximum basic rate is being worked out”.
52 Section 1068B (at the end of Module C in the
PP (partnered) Rate Calculator)
Add:
Maximum basic rate—CDEP Scheme participant
1068B-C3 The maximum basic rate of a person who is a CDEP Scheme
participant in respect of the whole or a part of the period for which the
maximum basic rate is being worked out is nil (see section 500W).
53 After Part 3.15
Insert:
(1) This Part has the effect, in certain circumstances, of reducing a
person’s social security entitlement in respect of a period in respect of
which the person is a CDEP Scheme participant.
(2) This Part also provides, in certain circumstances, a supplement for a
person for a period in respect of which the person is a CDEP Scheme
participant.
(1) A person is, or is taken to have been, a CDEP Scheme
participant in respect of a particular day (the relevant
day) on or after 20 March 1999 if:
(a) the person’s name appeared on the latest CDEP Scheme Participant
Schedule, approved on or before the relevant day, and there is no certificate in
force, given, after the approval of that Schedule, by an authorised officer
stating that the person ceased on or before the relevant day to be a person
participating in the CDEP Scheme; or
(b) the person’s name did not appear on that Schedule but a
certificate is in force, given, after the approval of that Schedule, by an
authorised officer stating that the person began to participate in the CDEP
Scheme on or before the relevant day and there is no certificate in force,
given, after the issue of the first-mentioned certificate, by an authorised
officer stating that the person ceased on or before the relevant day to
participate in the CDEP Scheme.
(2) Subsection (1) does not apply in relation to a person in respect of a
particular day if the Secretary believes, on reasonable grounds, that, on that
day:
(a) the person was no longer participating in the program constituted by
the CDEP Scheme; or
(b) the person was sick or incapacitated and was not receiving sickness
benefits under the CDEP Scheme.
(3) In this section:
ATSIC means the Aboriginal and Torres Strait Islander
Commission.
authorised officer, in relation to a certificate, means a
person authorised by the Chief Executive Officer of ATSIC to give such a
certificate.
CDEP Scheme Participant Schedule means a schedule of the
names of people participating in the CDEP Scheme that has been approved by ATSIC
for the purposes of that Scheme.
relevant day has the meaning given by subsection
(1).
(1) If:
(a) an instalment of any of the following:
(i) age pension;
(ii) disability support pension;
(iii) wife pension;
(iv) carer payment;
(v) parenting payment at the rate applicable for a person who is not a
member of a couple;
(vi) bereavement allowance;
(vii) widow B pension;
(viii) special benefit;
(ix) special needs pension;
(x) mature age allowance under Part 2.12A;
(xi) mature age partner allowance;
is payable to a person in respect of a payment period or in respect of a
pension payday; and
(b) a CDEP Scheme payment is payable to the person or the person’s
partner in respect of the whole or a part of that payment period or in respect
of that pension payday, as the case may be;
the following provisions have effect:
(c) if a CDEP Scheme payment referred to in paragraph (b) that is payable
to the person exceeds the person’s threshold:
(i) the amount of the instalment is reduced by the part of the CDEP Scheme
payment that does not exceed the person’s threshold; and
(ii) the ordinary income of the person includes the part of the CDEP
Scheme payment that exceeds the person’s threshold;
(d) if a CDEP Scheme payment referred to in paragraph (b) that is payable
to the person does not exceed the person’s threshold:
(i) the amount of the instalment is reduced by the amount of the CDEP
Scheme payment; and
(ii) the CDEP Scheme payment is not ordinary income of the
person;
(e) if a CDEP Scheme payment referred to in paragraph (b) that is payable
to the person’s partner exceeds the partner’s threshold:
(i) the part of the CDEP Scheme payment that does not exceed the
partner’s threshold is not ordinary income of the person or of the
person’s partner; and
(ii) the ordinary income of the person’s partner includes the part
of the CDEP Scheme payment that exceeds the partner’s threshold;
(f) if a CDEP Scheme payment referred to in paragraph (b) that is payable
to the person’s partner does not exceed the partner’s threshold, the
CDEP Scheme payment is not ordinary income of the person or of the
person’s partner.
(2) If a person who had been receiving instalments of a pension payment,
allowance or benefit referred to in paragraph (1)(a) dies, then, in calculating
any bereavement payment in respect of the person, any deductions made from the
amounts of the instalments under subparagraph (1)(c)(i), (d)(i) or (e)(i) are to
be disregarded.
(3) If:
(a) a payment of any of the following:
(i) widow allowance;
(ii) newstart allowance;
(iii) youth allowance;
(iv) parenting payment at the rate applicable for a person who is a member
of a couple;
(v) partner allowance;
(vi) mature age allowance under Part 2.12B;
is payable to a person in respect of a payment period; and
(b) a CDEP Scheme payment is payable to the person in respect of the whole
or a part of that period;
the following provisions have effect:
(c) if the CDEP Scheme payment referred to in paragraph (b) exceeds the
person’s threshold, the ordinary income of the person includes the part of
the CDEP Scheme payment that exceeds the person’s threshold;
(d) if the CDEP Scheme payment referred to in paragraph (b) does not
exceed the person’s threshold, the CDEP Scheme payment is not ordinary
income of the person.
(4) This section applies in respect of payment periods beginning on or
after 20 September 1999.
(5) In this section:
threshold:
(a) in relation to a person, means the amount referred to in column 4 of
Table A in this subsection that is applicable in relation to the person having
regard to the type of pension, allowance, benefit or payment referred to in
column 2 of that table that would be payable to the person if the person were
not a CDEP Scheme participant and the situation (if any) referred to in column 3
of that table that is applicable to the person; or
(b) in relation to the partner of a person, means:
(i) if the partner is not receiving any pension, allowance, benefit or
other payment under this Act—the amount specified in item 7 of column 3B
of Table B in point 1068-B1; or
(ii) if the partner is receiving a pension, allowance, benefit or other
payment under this Act—the amount that would be applicable under the
appropriate item in Table A in this subsection if that table applied to the
partner, having regard to the type of pension, allowance, benefit or other
payment referred to in column 2 of that table that is payable to the partner and
the situation (if any) referred to in column 3 of that table that is applicable
to the partner.
|
Table A—Threshold amounts |
|||
|---|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
|
1 |
Age pension |
Not member of a couple |
The amount specified in column 3B of item 4A of Table B in point
1068-B1 |
|
2 |
Age pension |
Member of a couple |
The amount specified in column 3B of item 7 of Table B in point
1068-B1 |
|
3 |
Disability support pension |
Not member of a couple |
The amount specified in column 3B of item 4A of Table B in point 1068-B1 or
the amount specified in column 4B of the item of Table B in point 1066A-B1 that
would apply to the person if the person were not a CDEP Scheme participant,
whichever is the lesser |
|
4 |
Disability support pension |
Member of a couple |
The amount specified in column 3B of item 7 of Table B in point 1068-B1 or
the amount specified in column 4B of the item in Table B in point 1066A-B1 that
would apply to the person if the person were not a CDEP Scheme participant,
whichever is the lesser |
|
5 |
Wife pension |
|
The amount specified in column 3B of item 7 of Table B in point
1068-B1 |
|
6 |
Carer payment |
Not member of a couple |
The amount specified in column 3B of item 4A of Table B in point
1068-B1 |
|
7 |
Carer payment |
Member of a couple |
The amount specified in column 3B of item 7 of Table B in point
1068-B1 |
|
8 |
Bereavement allowance |
Not member of a couple |
The amount specified in column 3B of item 4A of Table B in point
1068-B1 |
|
9 |
Bereavement allowance |
Member of a couple |
The amount specified in column 3B of item 7 of Table B in point
1068-B1 |
|
10 |
Widow B pension |
|
The amount specified in column 3B of item 4A of Table B in point
1068-B1 |
|
11 |
Special needs pension |
Not member of a couple |
The amount specified in column 3B of item 4A of Table B in point
1068-B1 |
|
12 |
Special needs pension |
Member of a couple |
The amount specified in column 3B of item 7 of Table B in point
1068-B1 |
|
13 |
Mature age allowance under Part 2.12A |
Not member of a couple |
The amount specified in column 3B of item 4A of Table B in point
1068-B1 |
|
14 |
Mature age allowance under Part 2.12A |
Member of a couple |
The amount specified in column 3B of item 7 of Table B in point
1068-B1 |
|
15 |
Mature age partner allowance |
|
The amount specified in column 3B of item 7 of Table B in point
1068-B1 |
|
16 |
Newstart allowance |
Not member of a couple and is under the age of 60 |
The amount specified in column 3B of item 4A of Table B in point 1068-B1 or
the maximum basic rate that would apply to the person if the person were not a
CDEP Scheme participant, whichever is the lesser |
|
17 |
Newstart allowance |
Not member of a couple, is over the age of 60, and has been receiving for a
continuous period of at least 9 months one or more of a social security pension,
a social security benefit or a service pension |
The amount specified in column 3B of item 5 of Table B in point
1068-B1 |
|
18 |
Newstart allowance |
Not member of a couple, is over the age of 60, and has not been receiving
for a continuous period of at least 9 months one or more of a social security
pension, a social security benefit or a service pension |
The amount specified in column 3B of item 4B of Table B in point
1068-B1 |
|
19 |
Newstart allowance |
Not member of a couple and has a dependent child |
The amount specified in column 3A of item 4A of Table B in point
1068-B1 |
|
20 |
Newstart allowance |
Member of illness separated couple, whether or not the person has a
dependent child |
The amount specified in column 3B of item 9 of Table B in point 1068-B1 or
the maximum basic rate that would apply to the person if the person were not a
CDEP Scheme participant, whichever is the lesser |
|
21 |
Newstart allowance |
Member of a couple whether or not the person has a dependent
child |
The amount specified in column 3B of item 7 of Table B in point 1068-B1 or
the maximum basic rate that would apply to the person if the person were not a
CDEP Scheme participant, whichever is the lesser |
|
22 |
Newstart allowance |
Member of a couple but partner in gaol |
The amount specified in column 3B of item 11 of Table B in point 1068-B1 or
the maximum basic rate that would apply to the person if the person were not a
CDEP Scheme participant, whichever is the lesser |
|
23 |
Widow allowance |
Under the age of 60 |
The amount specified in column 3B of item 4A of Table B in point
1068-B1 |
|
24 |
Widow allowance |
Over the age of 60 and has been receiving for a continuous period of at
least 9 months one or more of a social security pension, a social security
benefit or a service pension |
The amount specified in column 3B of item 5 of Table B in point
1068-B1 |
|
25 |
Widow allowance |
Over the age of 60 and has not been receiving for a continuous period of at
least 9 months one or more of a social security pension, a social security
benefit or a service pension |
The amount specified in column 3B of item 4B of Table B in point
1068-B1 |
|
26 |
Special benefit |
Not member of a couple |
The amount specified in column 3B of item 4A of Table B in point 1068-B1 or
the maximum basic rate that would apply to the person if the person were not a
CDEP Scheme participant, whichever is the lesser |
|
27 |
Special benefit |
Member of a couple |
The amount specified in column 3B of item 7 of Table B in point 1068-B1 or
the maximum basic rate that would apply to the person if the person were not a
CDEP Scheme participant, whichever is the lesser |
|
28 |
Partner allowance |
|
The amount specified in column 3B of item 7 of Table B in point 1068-B1 or
the maximum basic rate that would apply to the person if the person were not a
CDEP Scheme participant, whichever is the lesser |
|
29 |
Mature age allowance under Part 2.12B |
Not member of a couple |
The amount specified in column 3B of item 5A of Table B in point
1068-B1 |
|
30 |
Mature age allowance under Part 2.12B |
Member of a couple |
The amount specified in column 3B of item 7 of Table B in point
1068-B1 |
|
31 |
Parenting payment |
Not member of a couple |
The amount specified in column 3B of item 4A of Table B in point
1068-B1 |
|
32 |
Parenting payment |
Member of a couple |
The amount specified in column 3B of item 7 of Table B in point 1068-B1 or
the maximum basic rate that would apply to the person if the person were not a
CDEP Scheme participant, whichever is the lesser |
|
33 |
Youth allowance |
Not independent |
The amount specified in column 3 of the item of Table BA in point 1067G-B2
that would apply to the person if the person were not a CDEP Scheme
participant. |
|
34 |
Youth allowance |
Independent |
The amount specified in column 3 of the item of Table BB in point 1067G-B3
that would apply to the person if the person were not a CDEP Scheme
participant. |
Note: For CDEP Scheme payment see subsection
23(1).
(1) This section applies in respect of:
(a) payment periods beginning on or after 20 March 1999; and
(b) pension paydays occurring on or after that date.
(2) This section applies to a person in respect of a payment period (the
relevant payment period) or in respect of a pension payday (the
relevant pension payday) if:
(a) an instalment of any of the following:
(i) age pension;
(ii) disability support pension;
(iii) wife pension;
(iv) carer payment;
(v) parenting payment at the rate applicable for a person who is not a
member of a couple;
(vi) bereavement allowance;
(vii) widow B pension;
(viii) special needs pension;
(ix) mature age allowance under Part 2.12A;
(x) mature age partner allowance;
is payable to a person in respect of the relevant payment period or the
relevant pension payday; and
(b) the person meets the requirements of subsection (3) or (4).
(3) The requirements of this subsection are:
(a) that the person is a CDEP Scheme participant in respect of the
relevant payment period or the relevant pension payday; and
(b) that a CDEP Scheme payment is payable to the person in respect of the
relevant payment period or the relevant pension payday.
(4) The requirements of this subsection are:
(a) that the person is a CDEP Scheme participant in respect of the
relevant payment period or the relevant pension payday; and
(b) that a CDEP Scheme payment was payable to the person:
(i) in respect of a payment period the whole or a part of which occurred
within the 3 payment periods immediately before the relevant payment period;
or
(ii) in respect of the 3 pension paydays immediately before the relevant
pension payday.
(5) If this section applies to the person in respect of the relevant
payment period or the relevant pension payday, then, subject to subsection (6),
a CDEP Scheme Participant Supplement of $20 is payable to the person in respect
of that period or payday.
Note: For CDEP Scheme payment see subsection
23(1).
(6) A person cannot receive more than one payment of CDEP Scheme
Participant Supplement in respect of a fortnightly period.
(1) This section applies in respect of:
(a) payment periods beginning on or after 20 March 1999 and not later than
19 September 1999; or
(b) pension paydays occurring on or after 20 March 1999 and not later than
19 September 1999.
(2) This section applies to a person in respect of a payment period (the
relevant payment period) or in respect of a pension payday (the
relevant pension payday) if the person meets the requirements of
subsections (3) and (4).
(3) The requirements of this subsection are:
(a) that a CDEP Scheme payment is payable to the person in respect of the
relevant payment period or the relevant pension payday; or
(b) that the person is a CDEP Scheme participant in respect of the
relevant payment period or the relevant pension payday and a CDEP Scheme payment
was payable to the person:
(i) in respect of a payment period the whole or a part of which occurred
within the 3 payment periods immediately before the relevant payment period;
or
(ii) in respect of the 3 pension paydays immediately before the relevant
pension payday.
(4) The requirement of this subsection is that the person satisfies the
CDEP Scheme Participant Supplement income test in respect of the relevant
payment period, or in respect of the payment period in which the relevant
pension payday occurs, as mentioned in subsection (5) or (6), as the case
requires.
(5) This is how to work out whether a person who is not a member of a
couple satisfies the CDEP Scheme Participant Supplement income test in respect
of a payment period.
Method statement
Step 1. If Benefit Rate Calculator B does not apply to the person,
assume that it applies.
Step 2. Work out the total amount of any CDEP Scheme payments
payable to the person in respect of the period.
Step 3. Assume that the person’s ordinary income worked out on
a fortnightly basis is increased by that total amount.
Step 4. Assume that the person’s maximum basic rate is the sum
of:
(a) the amount specified in column 3B of item 4A of Table B in point
1068-B1; and
(b) the amount specified in column 4 of item 1 of Table F in point
1068-F15.
Step 5. Work out the person’s provisional payment rate for the
period under Benefit Rate Calculator B on the assumptions referred to in Steps 3
and 4.
Step 6. The person satisfies the CDEP Scheme Participant Supplement
income test in respect of the period if the person’s provisional payment
rate worked out under Step 5 is greater than zero.
(6) This is how to work out whether a person who is a member of a couple
satisfies the CDEP Scheme Participant Supplement income test in respect of a
payment period.
Method statement
Step 1. If Benefit Rate Calculator B does not apply to the person,
assume that it applies.
Step 2. Work out the total amount of any CDEP Scheme payments
payable to the person in respect of the period.
Step 3. Assume that the person’s ordinary income worked out on
a fortnightly basis is increased by that total amount.
Step 4. Work out the total amount of any CDEP Scheme payments
payable to the person’s partner in respect of the period.
Step 5. Assume that the person’s partner’s ordinary
income worked out on a fortnightly basis is increased by the total amount worked
out under Step 4.
Step 6. Assume that the person’s maximum basic rate is the sum
of:
(a) the amount specified in column 3B of item 7 of Table B in point
1068-B1; and
(b) the amount specified in column 4 of item 2 of Table F in point
1068-F15.
Step 7. Work out the person’s provisional payment rate for the
period under Benefit Rate Calculator B on the assumptions referred to in Steps
3, 5 and 6.
Step 8. The person satisfies the CDEP Scheme Participant Supplement
income test in respect of the period if the person’s provisional payment
rate worked out under Step 7 is greater than zero.
(7) If this section applies to the person in respect of the relevant
payment period or the relevant pension payday then, subject to subsections (8)
and (9), a CDEP Scheme Participant Supplement of $20 is payable to the person in
respect of that period or payday.
(8) A CDEP Scheme Participant Supplement is not payable to a person under
subsection (7) if:
(a) the Secretary has made a request of the person in respect of the tax
file number of the person or of his or her partner; and
(b) the person has failed to satisfy the request; and
(c) the Secretary has not exempted the person from having to satisfy the
request.
Note 1: CDEP Scheme participant see subsection
23(1).
Note 2: For CDEP Scheme payment see subsection
23(1).
(9) A person cannot receive more than one payment of CDEP Scheme
Participant Supplement in respect of a fortnightly period.
(1) This section applies in respect of:
(a) payment periods beginning on or after 20 September 1999; or
(b) pension paydays occurring on or after that date.
(2) Subject to subsection (3), this section applies to a person:
(a) in respect of a payment period (the relevant payment
period) if the person is qualified in respect of that period for any of
the following:
(i) widow allowance;
(ii) newstart allowance;
(iii) youth allowance;
(iv) special benefit;
(v) parenting payment at the rate applicable for a person who is a member
of a couple;
(vi) partner allowance;
(vii) mature age allowance under Part 2.12B; or
(b) in respect of a payment period (also the relevant payment
period) or in respect of a pension payday (the relevant pension
payday) if the person is qualified in respect of that period or payday
for any of the following:
(i) age pension;
(ii) disability support pension;
(iii) wife pension;
(iv) carer payment;
(v) parenting payment at the rate applicable for a person who is not a
member of a couple;
(vi) bereavement allowance;
(vii) widow B pension;
(viii) special needs pension;
(ix) mature age allowance under Part 2.12A;
(x) mature age partner allowance;
but the pension, payment or allowance for which the person is qualified
under this paragraph is not payable to the person in respect of that period or
payday.
(3) This section does not apply to a person in respect of the relevant
payment period or the relevant pension payday unless the person meets the
requirements of subsections (4), (5), (6) and (7) in respect of the relevant
payment period or the relevant pension payday, as the case may be.
(4) The requirements of this subsection are:
(a) that a CDEP Scheme payment is payable to the person in respect of the
relevant payment period or the relevant pension payday; or
(b) that the person is a CDEP Scheme participant in respect of the
relevant payment period or the relevant pension payday and a CDEP Scheme payment
was payable to the person:
(i) in respect of a payment period the whole or a part of which occurred
within the 3 payment periods immediately before the relevant payment period;
or
(ii) in respect of the 3 pension paydays immediately before the relevant
pension payday.
(5) The requirement of this subsection is that the person satisfies the
CDEP Scheme Participant Supplement income test in respect of the relevant
payment period, or in respect of the payment period in which the relevant
pension payday occurs, as mentioned in subsection (8) or (9), as the case
requires.
(6) The requirement of this subsection is that the relevant payment period
or relevant pension payday does not fall within:
(a) a waiting period; or
(b) a liquid assets test waiting period; or
(c) a lump sum preclusion period; or
(d) a compensation preclusion period (see Part 3.14).
(7) The requirement of this subsection is that the relevant payment period
occurs within a period in respect of which the relevant allowance, benefit or
payment referred to in paragraph (2)(a) is not payable, or the relevant pension
payday is a day on which the relevant pension referred to in paragraph (2)(b)
would not be payable, to the person because of the operation of a provision of
this Act relating to:
(a) seasonal or intermittent workers; or
(b) the value of the assets of the person or of his or her
partner.
(8) This is how to work out whether a person who is not a member of a
couple satisfies the CDEP Scheme Participant Supplement income test in respect
of a payment period.
Method statement
Step 1. If Benefit Rate Calculator B does not apply to the person,
assume that it applies.
Step 2. Work out the total amount of any CDEP Scheme payments
payable to the person in respect of the period.
Step 3. Assume that the person’s ordinary income worked out on
a fortnightly basis is increased by that total amount.
Step 4. Assume that the person’s maximum basic rate is the sum
of:
(a) the amount specified in column 3B of item 4A of Table B in point
1068-B1; and
(b) the amount specified in column 4 of item 1 of Table F in point
1068-F15.
Step 5. Work out the person’s provisional payment rate for the
period under Benefit Rate Calculator B on the assumptions referred to in Steps 3
and 4.
Step 6. The person satisfies the CDEP Scheme Participant Supplement
income test in respect of the period if the person’s provisional payment
rate worked out under Step 5 is greater than zero.
(9) This is how to work out whether a person who is a member of a couple
satisfies the CDEP Scheme Participant Supplement income test in respect of a
payment period.
Method statement
Step 1. If Benefit Rate Calculator B does not apply to the person,
assume that it applies.
Step 2. Work out the total amount of any CDEP Scheme payments
payable to the person in respect of the period.
Step 3. Assume that the person’s ordinary income worked out on
a fortnightly basis is increased by that total amount.
Step 4. Work out the total amount of any CDEP Scheme payments
payable to the person’s partner in respect of the period.
Step 5. Assume that the person’s partner’s ordinary
income worked out on a fortnightly basis is increased by the total amount worked
out under Step 4.
Step 6. Assume that the person’s maximum basic rate is the sum
of:
(a) the amount specified in column 3B of item 7 of Table B in point
1068-B1; and
(b) the amount specified in column 4 of item 2 of Table F in point
1068-F15.
Step 7. Work out the person’s provisional payment rate for the
period under Benefit Rate Calculator B on the assumptions referred to in Steps
3, 5 and 6.
Step 8. The person satisfies the CDEP Scheme Participant Supplement
income test in respect of the period if the person’s provisional payment
rate worked out under Step 7 is greater than zero.
(10) If this section applies to the person in respect of the relevant
payment period or the relevant pension payday then, subject to subsections (11)
and (12), a CDEP Scheme Participant Supplement of $20 is payable to the person
in respect of that period or payday.
(11) A CDEP Scheme Participant Supplement is not payable to a person under
subsection (10) if:
(a) the Secretary has made a request of the person in respect of the tax
file number of the person or of his or her partner; and
(b) the person has failed to satisfy the request; and
(c) the Secretary has not exempted the person from having to satisfy the
request.
Note 1: CDEP Scheme participant see subsection
23(1).
Note 2: For CDEP Scheme payment see subsection
23(1).
(12) A person cannot receive more than one payment of CDEP Scheme
Participant Supplement in respect of a fortnightly period.
If:
(a) section 1188F applies to a person; and
(b) a CDEP Scheme payment is payable to the person in respect of a payment
period beginning on or after 20 September 1999; and
(c) a CDEP Scheme payment is not payable to the person in respect of the
next following payment period;
the person must notify the Secretary, as soon as practicable after section
1188F ceases to apply to the person, that a CDEP Scheme payment is not payable
to the person in respect of that following payment period.
A person who receives a CDEP Scheme Participant Supplement in respect of
a payment period or pension payday is taken, for the purposes of this Act, to be
in receipt of the social security benefit or social security pension for which
the person is qualified in respect of that period.
(1) A person who is a CDEP Scheme participant in respect of the whole or a
part of a quarter may, by written notice given to the Secretary, choose to
accumulate the amounts of any supplement that became or become payable to the
person in respect of that quarter, or any later quarter in respect of the whole
or a part of which the person is a CDEP Scheme participant, and have not already
been paid.
(2) A person who was a CDEP Scheme participant in respect of a payment
period that ended, or a pension payday that occurred, before 20 September 1999,
is taken to have made a choice under subsection (1) in respect of the amounts of
any supplement that became payable to him or her in respect of that period or
payday.
(3) If a person makes, or is taken to have made, a choice under subsection
(1), the sum of the accumulated amounts payable to the person in respect of a
quarter is to be paid on, or as soon as practicable after, the first payday
after:
(a) unless paragraph (b) applies—the last day of the quarter or 19
September 1999, whichever is the later; or
(b) if the person ceases to be a CDEP Scheme participant before the end of
the quarter—the day on which the person so ceases or 19 September 1999,
whichever is the later.
(4) In this section:
quarter means a CDEP Scheme quarter.
Note 1: For CDEP Scheme participant see
section 1188B.
Note 2: For CDEP Scheme quarter see subsection
23(1).
(1) A person who wants to be granted a CDEP Scheme Participant Supplement
must make a proper claim for the supplement.
(2) To be a proper claim, a claim must be made in such manner, and within
such period, as the Secretary determines.
A person who, if this Part had been in force on 19 September 1999, would
have been a CDEP Scheme participant in respect of that day for the purposes of
this Part is taken, for the purposes of the definition of long-term social
security recipient in subsection 23(1), to have had social security
recipient status continuously for the period of 52 weeks ending on that
day.
A person who receives CDEP Scheme Participant Supplement:
(a) in respect of both 19 September 1999 (the first qualifying
day) and the following day (the second qualifying day);
or
(b) in respect of both the payment period in which the first qualifying
day occurs and the payment period in which the second qualifying day
occurs;
is taken, for the purposes of the definition of pensioner in
subsection 4(1) of the National Health Act 1953, to have been receiving
the social security benefit on the first qualifying day for a continuous period
of 9 months.
54 After subsection
1231A(1A)
Insert:
(1B) If the person concerned elects in writing that this subsection is to
apply in relation to him or her, the Secretary may decide under subsection (1A)
that the amount by which each payment of the person’s social security
payment is to be reduced is such amount as results in reducing the payment to
nil.
Part
1—Amendments introducing a
special employment advance for certain persons
1 Section 3 (index)
Insert the following entry in its appropriate alphabetical position,
determined on a letter-by-letter basis:
|
special employment advance qualifying entitlement |
23(1) |
2 Subsection 23(1)
Insert:
special employment advance qualifying entitlement
means:
(a) an austudy payment; or
(b) a carer payment; or
(c) a disability support pension; or
(d) a mature age allowance; or
(e) a mature age partner allowance; or
(f) a newstart allowance; or
(g) a pension PP (single); or
(h) a widow B pension; or
(i) a widow allowance; or
(j) a wife pension; or
(k) a youth allowance.
3 Paragraph 129(1)(b)
Omit “either or both”, substitute “any one or
more”.
4 Subparagraph
129(1)(b)(ii)
Omit “and”.
5 At the end of paragraph
129(1)(b)
Add:
(iii) a special employment advance, or an instalment of special employment
advance, of disability support pension payable to the person (whether on the
person’s own behalf or not) has been paid to the credit of the account;
and
6 Subsection 129(2) (method statement, step
1)
Omit “or advance payment of disability support pension”,
substitute “, advance payment of disability support pension or special
employment advance of disability support pension”.
7 Paragraph 171(1)(b)
Omit “either or both”, substitute “any one or
more”.
8 Subparagraph
171(1)(b)(ii)
Omit “and”.
9 At the end of paragraph
171(1)(b)
Add:
(iii) a special employment advance, or an instalment of special employment
advance, of wife pension payable to the person (whether on the person’s
own behalf or not) has been paid to the credit of the account; and
10 Subsection 171(2) (method statement, step
1)
Omit “or advance payment of wife pension”, substitute “,
advance payment of wife pension or special employment advance of wife
pension”.
11 Paragraph 221(1)(b)
Omit “either or both”, substitute “any one or
more”.
12 Subparagraph
221(1)(b)(ii)
Omit “and”.
13 At the end of paragraph
221(1)(b)
Add:
(iii) a special employment advance, or an instalment of special employment
advance, of carer payment payable to the person (whether on the person’s
own behalf or not) has been paid to the credit of the account; and
14 Subsection 221(2) (method statement, step
1)
Omit “or advance payment of carer payment”, substitute “,
advance payment of carer payment or special employment advance of carer
payment”.
15 Paragraph 388(1)(b)
Omit “either or both”, substitute “any one or
more”.
16 Subparagraph
388(1)(b)(ii)
Omit “and”.
17 At the end of paragraph
388(1)(b)
Add:
(iii) a special employment advance, or an instalment of special employment
advance, of widow B pension payable to the person (whether on the person’s
own behalf or not) has been paid to the credit of the account; and
18 Subsection 388(2) (method statement, step
1)
Omit “or advance payment of widow B pension”, substitute
“, advance payment of widow B pension or special employment advance of
widow B pension”.
19 Paragraph 408HB(1)(b)
Omit “either or both”, substitute “any one or
more”.
20 Subparagraph
408HB(1)(b)(ii)
Omit “and”.
21 At the end of paragraph
408HB(1)(b)
Add:
(iii) a special employment advance, or an instalment of special employment
advance, of widow allowance payable to the person (whether on the person’s
own behalf or not) has been paid to the credit of the account; and
22 Subsection 408HB(2) (method statement, step
1)
Omit “or advance payment of widow allowance”, substitute
“, advance payment of widow allowance or special employment advance of
widow allowance”.
23 Paragraph 505A(1)(b)
Omit “either or both”, substitute “any one or
more”.
24 Subparagraph
505A(1)(b)(ii)
Omit “and”.
25 At the end of paragraph
505A(1)(b)
Add:
(iii) a special employment advance, or an instalment of special employment
advance, of parenting payment payable to the person (whether on the
person’s own behalf or not) has been paid to the credit of the account;
and
26 Subsection 505A(2) (method statement, step
1)
Omit “or advance payment of parenting payment”, substitute
“, advance payment of parenting payment or special employment advance of
parenting payment”.
27 Paragraph 560A(1)(b)
Repeal the paragraph, substitute:
(b) either or both of the following apply:
(i) instalments of youth allowance payable to the person are being paid
(whether on the person’s own behalf or not) to the credit of the
account;
(ii) a special employment advance of youth allowance payable to the person
(whether on the person’s own behalf or not) has been paid to the credit of
the account; and
28 Subsection 560A(2) (method statement, step
1)
After “youth allowance”, insert “or special employment
advance of youth allowance”.
29 Paragraph 585A(1)(b)
Repeal the paragraph, substitute:
(b) either or both of the following apply:
(i) instalments of austudy payment payable to the person are being paid
(whether on the person’s own behalf or not) to the credit of the
account;
(ii) a special employment advance of austudy payment payable to the person
(whether on the person’s own behalf or not) has been paid to the credit of
the account; and
30 Subsection 585A(2) (method statement, step
1)
After “austudy payment”, insert “or special employment
advance of austudy payment”.
31 Paragraph 655(1)(b)
Omit “either or both”, substitute “any one or
more”.
32 Subparagraph
655(1)(b)(ii)
Omit “and”.
33 At the end of paragraph
655(1)(b)
Add:
(iii) a special employment advance, or an instalment of special employment
advance, of newstart allowance payable to the person (whether on the
person’s own behalf or not) has been paid to the credit of the account;
and
34 Subsection 655(2) (method statement, step
1)
Omit “or advance payment of newstart allowance”, substitute
“, advance payment of newstart allowance or special employment advance of
newstart allowance”.
35 Paragraph 660XHB(1)(b)
Omit “either or both”, substitute “any one or
more”.
36 Subparagraph
660XHB(1)(b)(ii)
Omit “and”.
37 At the end of paragraph
660XHB(1)(b)
Add:
(iii) a special employment advance, or an instalment of special employment
advance, of mature age allowance or mature age partner allowance payable to the
person (whether on the person’s own behalf or not) has been paid to the
credit of the account; and
38 Subsection 660XHB(2) (method statement, step
1)
Omit “or advance payment of mature age allowance or mature age
partner allowance”, substitute “, advance payment of mature age
allowance or mature age partner allowance or special employment advance of
mature age allowance or mature age partner allowance”.
39 Paragraph 660YHB(1)(b)
Omit “either or both”, substitute “any one or
more”.
40 Subparagraph
660YHB(1)(b)(ii)
Omit “and”.
41 At the end of paragraph
660YHB(1)(b)
Add:
(iii) a special employment advance, or an instalment of special employment
advance, of mature age allowance payable to the person (whether on the
person’s own behalf or not) has been paid to the credit of the account;
and
42 Subsection 660YHB(2) (method statement, step
1)
Omit “or advance payment of mature age allowance”, substitute
“, advance payment of mature age allowance or special employment advance
of mature age allowance”.
43 After Part 2.22
Insert:
(1) Subject to section 1061EO, a person is qualified for a special
employment advance at a particular time (the relevant time) only
if:
(a) the person is qualified for a special employment advance qualifying
entitlement at the relevant time; and
(b) the person has been receiving an income support payment for a
continuous period of 3 months immediately before the day on which the
person’s application for the special employment advance is made;
and
(c) either of the following applies:
(i) the person or, if the person is a member of a couple, the
person’s partner has earned from casual work in Australia, but has not
received, income (the unreceived income);
(ii) the Secretary is satisfied that the person has received a definite
offer of employment in Australia (the offered employment) for a
period of not less than 6 weeks and needs financial assistance from the
Commonwealth to enable him or her to take up the employment; and
(d) subsection (2) or (3), as the case requires, applies for the purpose
of determining whether the person is qualified for a special employment advance
at the relevant time; and
(e) where subparagraph (c)(i) applies—the person is in severe
financial hardship; and
(f) the Secretary is satisfied that the person will not suffer financial
hardship as a result of the recovery by the Commonwealth of the special
employment advance.
(2) This subsection applies for the purpose of
determining whether a person is qualified for a special employment advance at
the relevant time only where:
(a) the person’s application for the advance was based on the effect
of the unreceived income on the person’s special employment advance
qualifying entitlement; and
(b) the person is not a CDEP Scheme participant; and
(c) either of the following subparagraphs applies:
(i) if the person were qualified for the special employment qualifying
entitlement on the next payday for the entitlement at a rate equal to the
maximum basic rate of the entitlement, the rate of the entitlement on that
payday would be reduced by at least 50% as a result of the person or the
person’s partner having earned the unreceived income;
(ii) subparagraph (i) does not apply in respect of the person but, if the
person were qualified for the special employment qualifying entitlement on 2 or
more paydays for the entitlement at a rate equal to the maximum basic rate of
the entitlement, the average of the rates of the entitlement on those paydays
would be reduced by at least 50% as a result of the person or the person’s
partner having earned the unreceived income.
(3) This subsection applies for the purpose of determining whether a
person is qualified for a special employment advance at the relevant time only
where the person’s application for the advance was based on the
person’s need for financial assistance from the Commonwealth to enable him
or her to take up the offered employment and:
(a) if the person were qualified for the special employment qualifying
entitlement on each of the paydays for the entitlement that occur in the period
of 6 weeks referred to in subparagraph (1)(c)(ii) at a rate equal to the maximum
basic rate of the entitlement, the average of the rates of the entitlement on
those paydays:
(i) would be reduced by at least 50% as a result of the person having
taken up the offered employment; or
(ii) would be so reduced if Module J of the Youth Allowance Rate
Calculator in section 1067G or Module E of the Austudy Payment Rate Calculator
were disregarded; or
(b) the person would cease to be qualified for the special employment
advance qualification upon his or her taking up the offered
employment.
(1) For the purposes of paragraph 1061EM(1)(e) as it applies to a person
who makes a claim for special employment advance, the person is in severe
financial hardship if:
(a) where the person is not a member of a couple—the value of the
person’s liquid assets (within the meaning of subsection 14A(1)) is less
than the fortnightly amount of the maximum payment rate of the special
employment advance qualifying entitlement that is payable to the person;
or
(b) where the person is a member of a couple—the value of the
person’s liquid assets (within the meaning of subsection 14A(2)) is less
than twice the fortnightly amount of the maximum payment rate of the special
employment advance qualifying entitlement that is payable to the
person.
(2) If
the person referred to in subsection (1) is a CDEP Scheme participant, then, in
determining for the purposes of that subsection the fortnightly amount of the
maximum payment rate of the special employment advance qualifying entitlement
payable to the person, the person’s maximum basic rate is taken to be the
rate that would be that maximum basic rate if sections 408CG, 500W, 552C, 614A,
660YCH and 771HK had not been enacted.
(1) A person is not qualified for a special employment advance
if:
(a) the lump sum amount, or the total of the amounts of the instalments,
as the case may be, of the special employment advance to which the person would
be entitled under Division 4 is less than $50; or
(b) the person owes a debt to the Commonwealth (whether arising under this
Act or not) and the debt is recoverable under Part 5.2 by means of deductions
from the person’s social security payment; or
(c) where subparagraph 1061EM(1)(c)(ii) applies in respect of the
person—the person is participating in a program for the placing of people
in employment and the program has been declared by the Secretary, in writing, to
be a program to which this paragraph applies.
(2) A declaration under paragraph (1)(c) is a disallowable
instrument.
(1) A person who wants a special employment advance under this Part must
make a proper claim for the advance in accordance with this Division.
(2) To be a proper claim, a claim must be made in writing and must be in
accordance with a form approved by the Secretary.
(3) The claimant must specify the amount of special employment advance
sought.
(1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
(2) A place or person approved under subsection (1) must be a place or
person in Australia.
(3) The claimant must be in Australia when the claim is lodged.
(1) Subject to subsection (2), if a claim based on the effect of the
unreceived income on the claimant’s special employment advance qualifying
entitlement is lodged before the first payday for that entitlement on which an
instalment of that entitlement is not payable or is reduced as a result of the
claimant, or the claimant’s partner, having earned the income, the claim
is taken to have been made on that payday.
(2) If:
(a) the claimant’s special employment advance qualifying entitlement
referred to in subsection (1) is an entitlement in respect of which the
Secretary has determined that this subsection applies; and
(b) the claim is lodged before the payday referred to in subsection
(1);
the Secretary may treat the claim as having been made on a day earlier than
that payday that the Secretary considers appropriate having regard to the kind
of entitlement concerned.
(3) A claim based on the need for financial assistance from the
Commonwealth to take up the offered employment must set out:
(a) particulars (including the duration) of the employment; and
(b) the way in which the financial assistance is to be expended to enable
the claimant to take up the employment.
(4) This section has effect subject to section 1061ES.
(1) If:
(a) a person contacts the Department in relation to his or her claiming a
special employment advance; and
(b) the person is, on the day on which he or she contacts the Department,
qualified for the special employment advance; and
(c) the person lodges a claim for the special employment advance within 14
days after the day on which he or she contacts the Department; and
(d) the Department has a record of the person contacting the
Department;
the person is taken to have made a claim for the special employment advance
on the later of the following days:
(e) the day on which the person contacted the Department;
(f) the day on which the claim would, apart from this section, be taken
under section 1061ER to be made.
(2) In this section:
contacts the Department includes contacts the Department by
post or telephone or by the transmission of a message by the use of facsimile,
computer equipment or any other electronic means.
(1) A claimant for a special employment advance or a person acting on
behalf of a claimant may withdraw a claim that has not been
determined.
(2) A claim that is withdrawn is taken not to have been made.
(3) A withdrawal may be made orally or in writing.
(1) The Secretary must determine the claim in accordance with this
Act.
(2) Subject to subsection (3), the Secretary must grant the claim if the
Secretary is satisfied that the claimant is qualified for the special employment
advance.
(3) Subject to subsection (4), the Secretary must refuse a claim that is
based on the effect of the unreceived income on the claimant’s special
employment advance qualifying entitlement if the Secretary is satisfied that the
income will be received within 2 days after the claim is lodged.
(4) Subsection (3) does not apply if the Secretary considers that the
claimant’s financial needs are such that the claim should be
granted.
If the claim is granted, the special employment advance is to be
paid:
(a) subject to paragraph (b), in a lump sum as soon as practicable after
the claim is granted; or
(b) if the Secretary considers that it is appropriate for the advance to
be paid by instalments—by instalments at such times and in such amounts as
the Secretary determines.
(1) This section applies where the claim was based on the effect of the
unreceived income on the claimant’s special employment advance qualifying
entitlement.
(2) Subject to section 1061EY, the total amount of the special employment
advance payable to the claimant is to be the smallest of the following
amounts:
(a) the amount sought in the claim for the advance;
(b) the amount by which the instalment, or the sum of the amounts by which
the instalments, of the claimant’s special employment advance qualifying
entitlement is or will be reduced because of the unreceived income;
(c) $500;
(d) if an amount of special employment advance previously paid to the
claimant has not been repaid to, or recovered by, the Commonwealth—the
difference between that amount and $500.
(1) This section applies where the claim was based on the claimant’s
need for financial assistance to take up offered employment.
(2) Subject to the following provisions of this section and section
1061EY, the total amount of the special employment advance payable to the
claimant is to be the smallest of the following amounts:
(a) the amount sought in the claim for the advance;
(b) the amount of financial assistance needed by the claimant from the
Commonwealth to take up the offered employment;
(c) $500.
(3) If:
(a) an amount of special employment advance previously paid to the
claimant has not been repaid to, or recovered by, the Commonwealth;
and
(b) the sum of:
(i) the amount referred to in paragraph (a); and
(ii) the amount of financial assistance needed by the claimant from the
Commonwealth to take up the offered employment;
is not more than $500;
the total amount of the special employment advance payable to the claimant
is the amount referred to in subparagraph (b)(ii).
(4) If:
(a) an amount of special employment advance previously paid to the
claimant has not been repaid to, or recovered by, the Commonwealth;
and
(b) the sum of:
(i) the amount referred to in paragraph (a); and
(ii) the amount of financial assistance needed by the claimant from the
Commonwealth to take up the offered employment;
is more than $500;
the following paragraphs have effect:
(c) where the amount referred to in paragraph (a) is less than $500 and
the claimant satisfies the Secretary that the claimant would have sufficient
financial resources to enable him or her to take up the offered employment if
the total amount of the special employment advance payable were an amount equal
to the difference between $500 and the amount referred to in paragraph
(a)—the total amount of the special employment advance payable to the
claimant is an amount equal to that difference;
(d) where paragraph (c) does not apply—no amount of special
employment advance is payable to the claimant.
(5) If:
(a) the claimant is not a member of a couple; and
(b) the value of the claimant’s liquid assets (within the meaning of
subsection 14A(1)) exceeds the fortnightly amount of the maximum payment rate of
the special employment advance qualifying entitlement that is payable to the
claimant;
the total amount of the special employment advance that, apart from this
subsection, would be payable to the claimant under subsections (2) to (4) is
reduced by the amount of the excess.
(6) If:
(a) the claimant is a member of a couple; and
(b) the value of the claimant’s liquid assets (within the meaning of
subsection 14A(2)) exceeds twice the fortnightly amount of the maximum payment
rate of the special employment advance qualifying entitlement that is payable to
the claimant;
the total amount of the special employment advance that, apart from this
subsection, would be payable to the claimant under subsections (2) to (4) is
reduced by the amount of the excess.
(7) In determining for the purposes of subsection (5) or (6) the
fortnightly amount of the maximum payment rate of the special employment advance
qualifying entitlement that is payable to a claimant who is a CDEP Scheme
participant, the claimant’s maximum basic rate is taken to be the rate
that would be that maximum basic rate if sections 408CG, 500W, 552C, 614A,
660YCH and 771HK had not been enacted.
If:
(a) a person claims a special employment advance; and
(b) an employment entry payment has been paid, or is payable, to the
person in respect of the employment referred to in subparagraph 1061EM(1)(c)(i)
or (ii);
the total amount of the special employment advance that, apart from this
section, would be payable to the person is reduced by the amount of the
employment entry payment.
(1) Subject to subsection (3), an amount that is payable to a person under
this Part is to be paid to the person.
(2) The Secretary may direct that the whole or a part of an amount that is
payable to a person under this Part is to be paid to someone else on behalf of
the person.
(3) If the Secretary gives a direction under subsection (2), the amount is
to be paid in accordance with the direction.
(1) An amount that is to be paid to a person under section 1061EZ may only
be paid in accordance with this section.
(2) Subject to this section, the amount is to be paid to the credit of a
bank account nominated and maintained by the person.
(3) The account may be an account that is maintained by the person either
alone or jointly or in common with another person.
(4) If the person has not nominated an account for the purposes of
subsection (2), then, subject to subsections (5) and (6), the amount is not to
be paid.
(5) If:
(a) an amount has not been paid because of subsection (4); and
(b) the person nominates an account for the purposes of subsection
(2);
the amount is to be paid under subsection (2).
(6) The Secretary may permit amounts payable under this Part to be paid to
people or to particular classes of people in a different way or in different
ways from that provided for by subsection (2).
(1) Subject to this section and section 1359, a special employment advance
is absolutely inalienable, whether by way of, or in consequence of, sale,
assignment, charge, execution, bankruptcy or otherwise.
Note: The effect of a garnishee order on a special
employment advance is dealt with in the Part of this Chapter that deals with the
relevant special employment advance qualifying entitlement. For example, the
effect of a garnishee order on a special employment advance that has been paid
to an account with a financial institution maintained by a person who is
entitled to a disability support pension is dealt with in Part 2.3 (which deals
with disability support pension).
(2) The Secretary may make deductions from an amount payable to a person
under this Part if the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of
Taxation.
Note: The Secretary must make deductions from a
person’s social security payment if requested by the Commissioner of
Taxation (see section 1359).
(3) The Secretary may make deductions from an amount payable to a person
under this Part if the recipient consents under section 1234A to the Secretary
making the deductions.
Note: Section 1234A enables the Secretary to recover a debt
from a person other than the debtor if the person is receiving a social security
payment.
(1) If a person receives a special employment advance or an instalment of
a special employment advance under this Part, the person must repay the special
employment advance or instalment to the Commonwealth by one or more of the
following methods:
(a) deductions from the person’s special employment advance
qualifying entitlement under Chapter 3 (General provisions relating to
payability and rates);
(b) a method provided for by Chapter 5 (Overpayments and debt
recovery);
(c) a method (other than a method described in paragraph (a) or (b)) that
is acceptable to both the person and the Secretary.
(2) Subsection (1) does not affect the Secretary’s powers and duties
under Part 5.4 (Non-recovery of debts) if the amount of the special employment
advance or instalment that has not been repaid becomes a debt due to the
Commonwealth.
44 Part 3.2 (Pension Rate Calculator A, Module
A, point 1064-A1, method statement, step 12 )
Repeal the step, substitute:
Step 12. The rate of pension is the amount obtained
by:
(a) subtracting from the provisional annual payment rate any special
employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any
advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module
H).
45 Part 3.3 (Pension Rate Calculator B, Module
A, point 1065-A1, method statement, step 5 )
Repeal the step, substitute:
Step 5. Work out the non-income/assets tested rate
by:
(a) subtracting from the maximum payment rate any special employment
advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any
advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module
E).
46 Part 3.4 (Pension Rate Calculator C, Module
A, point 1066-A1, method statement, step 12)
Repeal the step, substitute:
Step 12. The rate of pension is the amount obtained
by:
(a) subtracting from the provisional annual payment rate any special
employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any
advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module
H).
47 Part 3.4A (Pension Rate Calculator D, Module
A, point 1066A-A1, method statement, step 13)
Repeal the step, substitute:
Step 13. The rate of pension is the amount obtained
by:
(a) subtracting from the provisional annual payment rate any special
employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any
advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module
I).
48 Part 3.4B (Pension Rate Calculator E, Module
A, point 1066B-A1, method statement, step 6)
Repeal the step, substitute:
Step 6. Work out the non-income/assets tested rate
by:
(a) subtracting from the maximum payment rate any special employment
advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any
advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module
F).
49 Part 3.5 (Youth Allowance Rate Calculator,
Module A, point 1067G-A1, method statement, step 14)
Repeal the step, substitute:
Step 14. The rate of allowance is the amount obtained
by:
(a) subtracting from the provisional fortnightly payment rate any special
employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any
advance payment deduction (see Part 3.16A); and
(c) except where the person is a CDEP Scheme participant in respect of the
whole or a part of the period for which the rate of allowance is being worked
out, adding any amount payable by way of remote area allowance (see Module
K).
50 Part 3.5A (Austudy Payment Rate Calculator,
Module A, point 1067L-A1, method statement, step 6)
Repeal the step, substitute:
Step 6. The rate of payment is the amount obtained
by:
(a) subtracting from the provisional fortnightly payment rate any special
employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any
advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module
F).
51 Part 3.6 (Benefit Rate Calculator B, Module
A, point 1068-A1, method statement, step 7)
Repeal the step, substitute:
Step 7. The rate of benefit is the amount obtained
by:
(a) subtracting from the provisional fortnightly payment rate any special
employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any
advance payment deduction (see Part 3.16A); and
(c) except where the person is a CDEP Scheme participant in respect of the
whole or a part of the period for which the rate of benefit is being worked out,
adding any amount payable by way of remote area allowance (see Module
J).
52 Part 3.6A (Pension PP (Single) Rate
Calculator, Module A, point 1068A-A1, method statement, step
7)
Repeal the step, substitute:
Step 7. The rate of pension PP (single) is the amount
obtained by:
(a) subtracting from the provisional annual payment rate any special
employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any
advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module
F).
53 After Part 3.16A
Insert:
(1) Subject to subsection (2) and section 1206T, a special employment
advance deduction is to be made from the rate of a social security entitlement
that is payable to a person if:
(a) the person has received a special employment advance or an instalment
of a special employment advance; and
(b) the person has not yet repaid the whole of the special employment
advance or instalment; and
(c) the amount of the special employment advance or instalment that has
not been repaid is not a debt under section 1224EA.
Note: For social security entitlement see
subsection 23(1).
(2) A special employment advance deduction may be made from a
person’s rate on:
(a) if the special employment advance is paid as a lump sum—the
payday next following the day on which the lump sum is paid; or
(b) if the special employment advance is paid by instalments—the
payday next following the day on which the last instalment of the special
employment advance is paid;
or on any later payday.
(3) In this section:
social security entitlement includes a PP
(partnered).
Subject to sections 1206S, 1206T, 1206U and 1206V, a special employment
advance deduction is such amount as the Secretary determines.
(1) Subject to subsection (2) and sections 1206T, 1206U and 1206V, a
person’s special employment advance deduction is increased to a larger
amount if the person asks the Secretary in writing for the special employment
advance deduction to be the larger amount.
(2) Subsection (1) does not apply if the Secretary is satisfied that the
person would suffer severe financial hardship if the special employment advance
deduction were the larger amount.
(1) Subject to subsection (2) and sections 1206U and 1206V, if:
(a) a person applies in writing to the Secretary for a special employment
advance deduction to be decreased, or to be stopped, because of severe financial
hardship; and
(b) the Secretary is satisfied that:
(i) the person’s circumstances are exceptional and could not
reasonably have been foreseen at the time of the person’s claim for the
special employment advance; and
(ii) the person would suffer severe financial hardship if the special
employment advance deduction that would otherwise apply were to
continue;
the Secretary may determine in writing that, for the period stated in the
determination, the special employment advance deduction is to be a lesser amount
(which may be a nil amount) stated in the determination.
(2) At any time while the determination is in force, the Secretary
may:
(a) vary the determination so as to require to be deducted from the
person’s rate a special employment advance deduction larger than the
deduction (if any) previously applying under the determination, but smaller than
the deduction applying immediately before the determination; or
(b) revoke the determination;
but only if the Secretary is satisfied that the person would not suffer
severe financial hardship because of the variation or revocation.
(3) A variation or revocation of a determination must be in
writing.
(1) If a special employment advance deduction that would otherwise be
deducted from a person’s rate exceeds the part of the special employment
advance that the person has not yet repaid (by previous deductions under this
Part or otherwise), the amount of that special employment advance deduction is
to be equal to the part that the person has not yet repaid.
(2) This section has effect subject to section 1206V.
(1) If the provisional payment rate referred to in the relevant Rate
Calculator is less than the special employment advance deduction would be apart
from this subsection, the special employment advance deduction is taken to be
equal to the provisional payment rate.
(2) If:
(a) a person’s rate of pension is the notional income/assets tested
rate referred to in the Method statement in point 1065-A1 in Pension Rate
Calculator B; and
(b) the provisional payment rate worked out for the person using Pension
Rate Calculator A in accordance with Step 1 of the Method statement in point
1065-A1 in Pension Rate Calculator B is less than the special employment advance
deduction would be apart from this subsection;
the special employment advance deduction is taken to be equal to the
provisional payment rate referred to in paragraph (b).
(3) If:
(a) a person’s rate of pension is the non-income/assets tested rate
referred to in the Method statement in point 1065-A1 in Pension Rate Calculator
B; and
(b) the maximum payment rate for the person worked out in Step 4 of that
Method statement is less than the special employment advance deduction would be
apart from this subsection;
the special employment advance deduction is taken to be equal to the
maximum payment rate referred to in paragraph (b).
(4) If:
(a) a person’s rate of pension is the notional income/assets tested
rate referred to in the Method statement in point 1066B-A1 in Pension Rate
Calculator E; and
(b) the provisional payment rate worked out for the person using Pension
Rate Calculator D in accordance with Step 1 in the Method statement in point
1066B-A1 in Pension Rate Calculator E is less than the special employment
advance deduction would be apart from this subsection;
the special employment advance deduction is taken to be equal to the
provisional payment rate referred to in paragraph (b).
(5) If:
(a) a person’s rate of pension is the non-income/assets tested rate
referred to in the Method statement in point 1066B-A1 in Pension Rate Calculator
E; and
(b) the maximum payment rate for the person worked out in Step 5 of that
Method statement is less than the special employment advance deduction would be
apart from this subsection;
the special employment advance deduction is taken to be equal to the
maximum payment rate referred to in paragraph (b).
Amounts worked out under this Part must be rounded to the nearest cent
(rounding 0.5 cent upwards).
54 After section 1224E
Insert:
If:
(a) a person has received a special employment advance of a special
employment advance qualifying entitlement (the first entitlement)
or an instalment of such an advance; and
(b) the first entitlement ceases to be payable to the person;
and
(c) when the first entitlement ceases to be payable, the person has not
repaid the whole of the advance or instalment; and
(d) the person does not receive another special employment advance
qualifying entitlement or PP (partnered) immediately after the first entitlement
ceases to be payable;
the amount that has not been repaid is a debt due to the
Commonwealth.
Part
2—Amendments to abolish the
employment entry payment and modify the education entry
payment
55 Part 2.13
Repeal the Part.
56 Saving
Despite the repeal of Part 2.13 effected by item 55, that Part continues to
apply to a person who:
(a) was qualified for an employment entry payment under that Part
immediately before the day on which that item commences; and
(b) makes a claim for payment of the employment entry payment within the
period of 28 days starting on that day.
57 Sections 665M to 665ZF
(inclusive)
Repeal the sections.
58 Sections 665ZG to 665ZK
(inclusive)
Repeal the sections.
59 Sections 665ZQ to 665ZX
(inclusive)
Repeal the sections.
60 Saving
Despite the repeals effected by items 57, 58 and 59, the repealed sections
continue to apply to a person who:
(a) was qualified for an education entry payment under any of those
sections immediately before the day on which those items commence; and
(b) makes a claim for payment of the education entry payment within the
period of 28 days starting on that day.
1 Subsection 14A(1)
Omit “and 2.14”, substitute “, 2.14 and
2.23A”.
2 Subsection 14A(2)
Omit “and 2.14”, substitute “, 2.14 and
2.23A”.
3 After section 19C
Insert:
(1) The definition in this section relates to one of the qualifications
for crisis payment (see sections 1061JG and 1061JH).
(2) A person who is not a member of a couple is in severe
financial hardship for the purposes of qualifying for a crisis
payment if the value of the person’s liquid assets (within the meaning of
subsection 14A(1)) is less than the fortnightly amount at the maximum payment
rate of the social security pension or the social security benefit that is
payable to the person.
(3) A person who is a member of a couple is in severe financial
hardship for the purposes of qualifying for a crisis payment if the
value of the person’s liquid assets (within the meaning of subsections
14A(1) and (2)) is less than twice the fortnightly amount at the maximum payment
rate of the social security pension or the social security benefit that is
payable to the person.
(4) For the purposes of working out whether a CDEP Scheme participant is
in severe financial hardship as defined in this section, the maximum payment
rate of social security pension or social security benefit that would have been
payable to the participant if he or she had not been a CDEP Scheme participant
is taken to be payable to the participant.
Note: For CDEP Scheme Participant see section
1188B.
(5) In this section:
maximum payment rate, in relation to each of the following
social security payments, means (unless otherwise stated below) the rate worked
out at Step 4 of the Method statement in Module A of the relevant Rate
Calculator:
(a) for the following pensions if the recipient is not blind:
(i) age pension;
(ii) disability support pension (recipient has turned 21);
(iii) carer pension;
(iv) wife pension;
the Rate Calculator at the end of section 1064; or
(b) for age pension and disability support pension (recipient has
turned 21) if the recipient is blind—the Rate Calculator at the end of
section 1065; or
(c) for widow B pension—the Rate Calculator at the end of section
1066; or
(d) for disability support pension if the recipient is under 21 and not
blind—Step 5 of the Method statement in Module A of the Rate Calculator at
the end of section 1066A; or
(e) for disability support pension if the recipient is under 21 and is
blind—Step 5 of the Method statement in Module A of the Rate Calculator at
the end of section 1066B; or
(f) for the following allowances:
(i) newstart allowance;
(ii) widow allowance;
(iii) sickness allowance;
(iv) partner allowance;
(v) mature age allowance granted under Part 2.12B;
the Rate Calculator at the end of section 1068; or
(g) for mature age allowance granted under Part 2.12A—the Rate
Calculator at the end of section 1064; or
(h) for a pension PP (single)—the Rate Calculator at the end of
section 1068A; or
(i) for benefit PP (partnered)—point 1068B-A4; or
(j) for mature age partner allowance—the Rate Calculator at the end
of section 1064; or
(k) for special benefit—section 746; or
(l) for youth allowance—the Rate Calculator at the end of section
1067G; or
(m) for austudy payment—Step 3 of the Method statement in Module A
of the Rate Calculator at the end of section 1067L.
4 Section 408FA (note)
Repeal the note.
5 Section 643 (note)
Repeal the note.
6 Section 660YFA (note)
Repeal the note.
7 Subsection 746(2)
Omit “and section 1161 (release from gaol or from psychiatric
confinement)”.
8 Subsection 746(2) (note
1)
Repeal the note.
9 Subsection 746(2) (note
2)
Omit “Note 2”, substitute “Note”.
10 Subsection 771KE(2)
Omit “and section 1161 (release from gaol)”.
11 Subsection 771KE(2) (note
1)
Repeal the note.
12 Subsection 771KE(2) (note
2)
Omit “Note 2”, substitute “Note”.
13 After Part 2.23
Insert:
A person is qualified for a crisis payment if, after the commencement of
this section:
(a) the person is released from gaol, or from psychiatric confinement that
the person was undergoing because he or she had been charged with committing an
offence, after spending at least 14 days in gaol or such confinement;
and
(b) the person claims the crisis payment within 7 days after being
released; and
(c) on the day on which the claim for the crisis payment is made
(including the day on which it is taken to have been made under subsection
1061JN(3):
(i) the person is qualified for a social security pension or social
security benefit; and
(ii) the person is in severe financial hardship (see section
19D).
(1) A person is qualified for a crisis payment if, after the commencement
of this section:
(a) the person has left, or cannot return to, his or her home
because of an extreme circumstance; and
(b) the extreme circumstance makes it unreasonable to expect the person to
remain in, or return to, the home; and
(c) the person has established, or intends to establish, a new home;
and
(d) at the time the extreme circumstance occurred, the person was in
Australia; and
(e) the person makes a claim for a crisis payment within 7 days after the
extreme circumstance occurred; and
(f) on the day on which the claim is made:
(i) the person is in severe financial hardship (see section 19D);
and
(ii) the person has made a claim (whether on the same day or on an earlier
day) for a social security pension or benefit and the person is qualified for
the pension or benefit; and
(g) during the 12 months immediately preceding the day on which the claim
is made, no more than 3 crisis payments have been payable to the
person.
Note: Examples of extreme circumstances that would qualify a
person for crisis payment are the person’s house being burnt down, or the
person being subjected to domestic or family violence.
(2) A person is not qualified for a crisis payment in respect of an
extreme circumstance if the Secretary is satisfied that the extreme circumstance
is brought about with a view to obtaining a crisis payment.
A crisis payment is not payable to a person in respect of an extreme
circumstance if the person is qualified for a disaster relief payment (whether
under this Act or otherwise) in respect of the same extreme
circumstance.
A person is not qualified for a crisis payment if the Secretary is
satisfied that at the time the person would otherwise have been qualified for
crisis payment:
(a) an assurance of support was in force in respect of the person (the
assuree); and
(b) the person who gave the assurance of support was willing and able to
provide an adequate level of support to the assuree; and
(c) it was reasonable for the assuree to accept that support.
Note: For assurance of support see subsection
23(1).
(1) A person who wants to be granted a crisis payment must make a proper
claim for that payment.
(2) For the purposes of subsection (1), if:
(a) a claim for a crisis payment is made by or on behalf of a person;
and
(b) the claim is based on the qualifications set out in section 1061JH;
and
(c) at the time when the claim is made, the claim cannot be granted
because the person is not qualified for the payment;
the claim is taken not to have been made.
To be a proper claim, a claim must be in writing and must be in
accordance with a form approved by the Secretary.
(1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
(2) A place or person approved under subsection (1) must be a place or
person in Australia.
(3) If:
(a) a person who is in gaol or in psychiatric confinement lodges a claim
for a crisis payment; and
(b) the person is not, on the day on which the claim is lodged, qualified
for the crisis payment; and
(c) the person becomes qualified for the crisis payment within 21 days
after the day on which the claim is lodged;
the claim is taken to have been made on the first day the person becomes
qualified for the crisis payment.
(4) If:
(a) a person contacts the Department in relation to his or her claiming a
social security payment; and
(b) the person is, on the day on which he or she contacts the Department,
qualified for crisis payment and in Australia; and
(c) the person lodges a claim for crisis payment within 14 days after he
or she contacts the Department; and
(d) the Department has a record of the person contacting the
Department;
the person is taken to have made a claim for crisis payment on the day on
which he or she contacted the Department.
(5) In this section:
contacts the Department includes contacts the Department by
post or telephone or by the transmission of a message by the use of facsimile,
computer equipment or any other electronic means.
A claim by a person is not a proper claim unless the person is in
Australia on the day on which the claim is lodged.
(1) A claimant for a crisis payment or a person on behalf of a claimant
may withdraw a claim that has not been determined.
(2) A claim that is withdrawn is taken to have not been made.
(3) A withdrawal may be made orally or in writing.
The Secretary must, in accordance with this Act, determine the
claim.
The Secretary is to determine that the claim is to be granted if the
Secretary is satisfied that:
(a) the person is qualified for a crisis payment; and
(b) the crisis payment is payable.
(1) Subject to subsections (2), (3) and (4), a determination under section
1061JR takes effect on the day on which the determination is made or on such
later day or earlier day as is specified in the determination.
(2) If:
(a) a decision (the previous decision) is made rejecting a
person’s claim for crisis payment; and
(b) a notice is given to the person advising the person of the making of
the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3
months after the notice is given, for review of the previous decision;
and
(d) a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the previous decision
took effect.
(3) If:
(a) a decision (the previous decision) is made rejecting a
person’s claim for crisis payment; and
(b) a notice is given to the person advising the person of the making of
the previous decision; and
(c) the person applies to the Secretary under section 1240 more than 3
months after the notice is given, for review of the previous decision;
and
(d) a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the person sought the
review.
(4) If:
(a) a decision ( the previous decision) is made rejecting a
person’s claim for crisis payment; and
(b) no notice is given to the person advising the person of the making of
the previous decision; and
(c) the person applies to the Secretary under section 1240 for review of
the previous decision; and
(d) a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the previous decision
took effect.
(1) Subject to subsection (2), the amount of a crisis payment payable to a
person is half the fortnightly amount at the maximum basic rate of the social
security pension or social security benefit that is payable to the
person.
(2) If a person is a CDEP Scheme participant, the amount of a crisis
payment payable to the person is half the fortnightly amount at the maximum
basic rate of the social security pension or social security benefit that the
person is taken to be receiving under section 1188H.
Note: For CDEP Scheme participant see section
1188B.
(3) If, under section 1188H, the person is taken to be receiving more than
one social security pension or social security benefit, the person is taken, for
the purposes of subsection (2), to be receiving the pension or benefit with the
higher maximum basic rate.
(4) In this section:
maximum basic rate, in relation to each of the following
social security payments, means (unless otherwise stated below) the rate worked
out at Module B of the relevant Rate Calculator:
(a) for the following pensions if the recipient is not blind:
(i) age pension;
(ii) disability support pension (recipient has turned 21);
(iii) carer pension;
(iv) wife pension;
the Rate Calculator at the end of section 1064; or
(b) for age pension and disability support pension (recipient has turned
21) if the recipient is blind—the Rate Calculator at the end of section
1065; or
(c) for widow B pension—the Rate Calculator at the end of section
1066; or
(d) for disability support pension if the recipient is under 21 and not
blind—the Rate Calculator at the end of section 1066A; or
(e) for disability support pension if the recipient is under 21 and is
blind—the Rate Calculator at the end of section 1066B; or
(f) for the following allowances:
(i) newstart allowance;
(ii) widow allowance;
(iii) sickness allowance;
(iv) partner allowance;
(v) mature age allowance granted under Part 2.12B;
the Rate Calculator at the end of section 1068; or
(g) for mature age allowance granted under Part 2.12A—the Rate
Calculator at the end of section 1064; or
(h) for a pension PP (single)—the Rate Calculator at the end of
section 1068A; or
(i) for benefit PP (partnered)—Module C of the Rate Calculator at
the end of section 1068B; or
(j) for mature age partner allowance—the Rate Calculator at the end
of section 1064; or
(k) for special benefit—section 746; or
(l) for youth allowance—the Rate Calculator at the end of section
1067G; or
(m) for austudy payment—Step 3 of the Method statement in Module A
of the Rate Calculator at the end of section 1067L.
(1) An amount that is to be paid to a person under Division 4 is to be
paid in the manner set out in this section.
(2) Subject to this section, the amount is to be paid to the credit of a
bank account nominated and maintained by the person.
(3) The account may be an account that is maintained by the person either
alone or jointly or in common with another person.
(4) The Secretary may direct that the whole or part of the amount be paid
to the person in a different way from that provided for by subsection
(2).
(5) If the Secretary gives a direction under subsection (2), the amount is
to be paid in accordance with the direction.
(1) Subject to subsections (2) and (3) and section 1359, a crisis payment
is absolutely inalienable, whether by way of, or in consequence of, sale,
assignment, charge, execution, bankruptcy or otherwise.
(2) The Secretary may make a deduction from a crisis payment payable to a
person if the person asks the Secretary;
(a) to make the deduction; and
(b) to pay the amount to be deducted to the Commissioner of
Taxation.
Note: The Secretary must make a deduction from a
person’s crisis payment if requested by the Commissioner of Taxation (see
section 1359).
(3) The Secretary may make a deduction from a person’s crisis
payment if the person consents under section 1234A to the Secretary making that
deduction.
Note: Section 1234A enables the Secretary to recover a debt
from a person other than the debtor if the person is receiving a social security
payment.
If:
(a) a person has an account with a financial institution; and
(b) a court order in the nature of a garnishee order comes into force in
respect of the account; and
(c) a crisis payment payable to the person (whether on the
person’s own behalf or not) has been paid to the credit of the account
during the 4-week period immediately before the court order came into
force;
the court order does not apply to the amount of the crisis payment in the
account.
14 Section 1158
Repeal the section (but not the notes), substitute:
An instalment of a social security pension, a social security benefit, a
parenting payment or a pensioner education supplement is not payable to a person
in respect of a day on which the person is:
(a) in gaol; or
(b) undergoing psychiatric confinement because the person has been charged
with an offence.
15 Divisions 2, 3 and 4 of Part
3.13
Repeal the Divisions.
1 Subsection 7(6AA)
After “pension PP (single)”, insert “, carer
payment”.
2 Section 201AA (first
occurring)
Renumber as section 201AAA.
3 Subsection 201AA(1)
Repeal the subsection (but not the note), substitute:
(1) A person is subject to a newly arrived resident’s waiting period
if the person:
(a) enters Australia on or after 4 March 1997; and
(b) has not been an Australian resident and in Australia for a period of,
or periods totalling, 104 weeks.
4 Subsection 201AA(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person who has a qualifying
residence exemption for a carer payment.
5 Paragraphs 201AA(3)(b) and
(4)(b)
Repeal the paragraphs, substitute;
(b) either a carer or a special need relative.
6 Subsection 201AA(5)
Repeal the subsection, substitute:
(5) Subsection (1) does not apply to a person if:
(a) the person is already subject to a newly arrived resident’s
waiting period; or
(b) the person has already served a newly arrived resident’s waiting
period; or
(c) at the commencement of this subsection, the person has already been an
Australian resident for a period of, or periods totalling, 104 weeks.
7 Subsection 201AA(6)
Repeal the subsection, substitute:
(6) In this section:
carer has the same meaning as in the Migration
Regulations.
special need relative has the same meaning as in the
Migration Regulations as in force on 30 November 1998.
8 Paragraphs 201AB(a) and
(b)
Repeal the paragraphs, substitute:
(a) starts on the day the person first became an Australian resident;
and
(b) ends when the person has been an Australian resident and in Australia
for a period of, or periods totalling, 104 weeks.
9 Subparagraph
408BA(2)(d)(ia)
After “1 April 1996”, insert “and before the commencement
day”.
10 After subparagraph
408BA(2)(d)(ia)
Insert:
(ib) if the woman entered Australia on or after the commencement
day—the woman has been an Australian resident and in Australia for a
period of, or periods totalling, 104 weeks before the day she lodged the claim
for the allowance; or
11 Subsection 408BA(2) (note
3)
Omit “the purposes of this section (see subsection (4))”,
substitute “some purposes (see subsections (4) and (4A))”.
12 At the end of subsection
408BA(4A)
Add “or (2)(d)(ib)”.
13 At the end of section
408BA
Add:
(6) In this section:
commencement day means the day on which Schedule 5 to the
Further 1998 Budget Measures Legislation Amendment (Social Security) Act
1999 commences.
14 Paragraph 623A(1)(b)
Repeal the paragraph, substitute:
(b) has not been an Australian resident and in Australia for a period of,
or periods totalling, 104 weeks;
15 Subsection 623A(1)
(note)
Repeal the note.
16 At the end of section
623A
Add:
(6) Subsection (1) does not apply to a person if:
(a) the person is a New Zealand citizen; and
(b) the person was an Australian resident on the day this subsection
commences; and
(c) when the person claimed newstart allowance the person had
been:
(i) an Australian resident for the 12 months immediately preceding the
claim; or
(ii) continuously present in Australia for the 6 months immediately
preceding the claim.
17 Subsection 623B(1)
Repeal the subsection, substitute:
(1) If a person is subject to a newly arrived resident’s waiting
period, the period starts on the day the person first became an Australian
resident.
18 Subsection 623B(3)
Repeal the subsection, substitute:
(3) If subsection (2) does not apply, the newly arrived resident’s
waiting period ends when the person has been an Australian resident and in
Australia for a period of, or periods totalling, 104 weeks.
Note: This rule does not apply to people who were already
subject to, or had already served, a newly arrived resident’s waiting
period before the commencement of this rule. Clause 121 of Schedule 1A to this
Act continues the application of the previous rules to those
people.
19 Paragraph 660YCFA(1)(b)
Repeal the paragraph, substitute:
(b) has not been an Australian resident and in Australia for a period of,
or periods totalling, 104 weeks;
20 Subsection 660YCFA(1)
(note)
Repeal the note.
21 At the end of section
660YCFA
Add:
(5) Subsection (1) does not apply to a person if:
(a) the person is a New Zealand citizen; and
(b) the person was an Australian resident on the day this subsection
commences.
22 Subsection 660YCFB(1)
Repeal the subsection, substitute:
(1) If a person is subject to a newly arrived resident’s waiting
period, the period starts on the day the person first became an Australian
resident.
23 Subsection 660YCFB(3)
Repeal the subsection, substitute:
(3) If subsection (2) does not apply, the newly arrived resident’s
waiting period ends when the person has been an Australian resident and in
Australia for a period of, or periods totalling, 104 weeks.
Note: This rule does not apply to people who were already
subject to, or had already served, a newly arrived resident’s waiting
period before the commencement of this rule. Clause 121 of Schedule 1A to this
Act continues the application of the previous rules to those
people.
24 Paragraph 696B(1)(b)
Repeal the paragraph, substitute:
(b) has not been an Australian resident and in Australia for a period of,
or periods totalling, 104 weeks;
25 Subsection 696B(1)
(note)
Repeal the note.
26 At the end of section
696B
Add:
(6) Subsection (1) does not apply to a person if:
(a) the person is a New Zealand citizen; and
(b) the person was an Australian resident on the day this subsection
commences.
27 Subsection 696C(1)
Repeal the subsection, substitute:
(1) If a person is subject to a newly arrived resident’s waiting
period, the period starts on the day the person first became an Australian
resident.
28 Subsection 696C(3)
Repeal the subsection, substitute:
(3) If subsection (2) does not apply, the newly arrived resident’s
waiting period ends when the person has been an Australian resident and in
Australia for a period of, or periods totalling, 104 weeks.
Note: This rule does not apply to people who were already
subject to, or had already served, a newly arrived resident’s waiting
period before the commencement of this rule. Clause 121 of Schedule 1A to this
Act continues the application of the previous rules to those
people.
29 Paragraph 771HNA(1)(b)
Repeal the paragraph, substitute:
(b) has not been an Australian resident and in Australia for a period of,
or periods totalling, 104 weeks;
30 Subsection 771HNA(1)
(note)
Repeal the note.
31 At the end of section
771HNA
Add:
(5) Subsection (1) does not apply to a person if:
(a) the person is a New Zealand citizen; and
(b) the person was an Australian resident on the day this subsection
commences.
32 Subsection 771HNB(1)
Repeal the subsection, substitute:
(1) If a person is subject to a newly arrived resident’s waiting
period, the period starts on the day the person first became an Australian
resident.
33 Subsection 771HNB(3)
Repeal the subsection, substitute:
(3) If subsection (2) does not apply, the newly arrived resident’s
waiting period ends when the person has been an Australian resident and in
Australia for a period of, or periods totalling, 104 weeks.
Note: This rule does not apply to people who were already
subject to, or had already served, a newly arrived resident’s waiting
period before the commencement of this rule. Clause 121 of Schedule 1A to this
Act continues the application of the previous rules to those
people.
34 Section 771HNA (second
occurring)
Renumber as section 771HNC.
35 Paragraph 1039AA(1)(b)
Repeal the paragraph, substitute:
(b) has not been an Australian resident and in Australia for a period of,
or periods totalling, 104 weeks;
36 Subsection 1039AA(1)
(note)
Repeal the note.
37 At the end of section
1039AA
Add:
(5) Subsection (1) does not apply to a person if:
(a) the person is a New Zealand citizen; and
(b) the person was an Australian resident on the day this subsection
commences.
38 Section 1039AB
Repeal the section (including the note), substitute:
If a person is subject to a newly arrived resident’s waiting
period, the period:
(a) starts on the day the person first became an Australian resident;
and
(b) ends when the person has been an Australian resident and in Australia
for a period of, or periods totalling, 104 weeks.
39 Subsection 1061ZA(2)
Omit “and (4)”, substitute “, (4) and
(7)”.
40 Paragraph 1061ZA(2)(b)
Repeal the paragraph, substitute:
(b) has not been an Australian resident and in Australia for a period of,
or periods totalling, 104 weeks;
41 Subsection 1061ZA(2)
(note)
Repeal the note.
42 At the end of section
1061ZA
Add:
(7) Subsection (2) does not apply to person if:
(a) the person is a New Zealand citizen; and
(b) the person was an Australian resident on the day this subsection
commences.
43 Section 1061ZAA
Repeal the section, substitute:
If a person is subject to a newly arrived resident’s waiting
period, the period:
(a) starts on the day the person first became an Australian resident;
and
(b) ends when the person has been an Australian resident and in Australia
for a period of, or periods totalling, 104 weeks.
44 At the end of Schedule
IA
Add:
If a person is subject to a newly arrived resident’s waiting period
immediately before the commencement of Schedule 5 to the Further 1998 Budget
Measures Legislation Amendment (Social Security) Act 1999 (the
amending Act), this Act continues to apply to the person in
relation to the waiting period as if the amendments made by the amending Act had
not been made.
45 At the end of Schedule 4
Add:
Part
D
Notes dated 2 July 1998 between the Government of Australia and the
Government of New Zealand agreeing that Article 15 of the Agreement is to be
deleted.
No. Legal 98/290
The Department of Foreign Affairs and Trade
presents its compliments to the New Zealand High Commission and has the honour
to refer to the Agreement between the Government of Australia and the Government
of New Zealand on Social Security, signed at Wellington on 19 July 1994, as
amended by the First and Second Protocols to the Agreement between the
Government of Australia and the Government of New Zealand on Social Security of
7 September 1995 (“the Agreement”) and to recent discussions between
the Department of Social Security of Australia and the Department of Social
Welfare of New Zealand concerning the need to amend the Agreement, so as to
remove the provisions relating to benefits for the unemployed.
The
Department of Foreign Affairs and Trade now has the honour to propose the
following amendment to the Agreement:
Article 15 of the Agreement shall
be deleted.
If the foregoing proposal is acceptable to the Government of
New Zealand, the Department of Foreign Affairs and Trade has the honour to
propose that this Note and the New Zealand High Commission’s reply to that
effect, shall constitute an Agreement between the Government of Australia and
the Government of New Zealand which shall enter into force on the first day of
September 1998 provided that prior to that date the Government of Australia and
the Government of New Zealand have exchanged further notes through the
diplomatic channel notifying each other that all other matters as are necessary
to give effect to this Agreement have been finalised or if that notification has
not been completed prior to 1 September 1998, on the first day of the second
month after that notification has been completed.
The Department of
Foreign Affairs and Trade avails itself of this opportunity to renew to the New
Zealand High Commission the assurances of its highest
consideration.
CANBERRA
2 July 1998
A/NZ/2/4/2
The New Zealand High Commission presents its compliments to the
Department of Foreign Affairs and Trade and has the honour to refer to the
Department’s Note No Legal 98/290 of 2 July which reads as
follows:
The Department of Foreign Affairs and Trade presents its
compliments to the New Zealand High Commission and has the honour to refer to
the Agreement between the Government of Australia and the Government of New
Zealand on Social Security, signed at Wellington on 19 July 1994, as amended by
the First and Second Protocols to the Agreement between the Government of
Australia and the Government of New Zealand on Social Security of 7 September
1995 (“the Agreement”) and to recent discussions between the
Department of Social Security of Australia and the Department of Social Welfare
of New Zealand concerning the need to amend the Agreement, so as to remove the
provisions relating to benefits for the unemployed.
The Department of
Foreign Affairs and Trade now has the honour to propose the following amendment
to the Agreement:
Article 15 of the Agreement shall be
deleted.
If the foregoing proposal is acceptable to the Government of
New Zealand, the Department of Foreign Affairs and Trade has the honour to
propose that this Note and the New Zealand High Commission’s reply to that
effect, shall constitute an Agreement between the Government of Australia and
the Government of Zealand which shall enter into force on the first day of
September 1998 provided that prior to that date the Government of Australia and
the Government of New Zealand have exchanged further notes through the
diplomatic channel notifying each other that all other matters as are
necessary to give effect to this Agreement have been finalised or if that
notification has not been completed prior to 1 September 1998, on the first day
of the second month after that notification has been completed.
The New
Zealand High Commission has further the honour to confirm that the above is
acceptable to the Government of New Zealand and that the Department’s Note
and this reply shall constitute an Agreement Between the Government of New
Zealand and the Government of Australia which shall enter into force on the
first day of September 1998 provided that prior to that date the Government of
New Zealand and the Government of Australia have exchanged further notes through
the diplomatic channel notifying each other that all other matters as are
necessary to give effect to this Agreement have been finalised or that if
notification has not been completed prior to 1 September 1998, on the first day
of the second month after that notification has been completed.
The New
Zealand High Commission takes this opportunity to renew to the Department of
Foreign Affairs and Trade the assurances of its highest
consideration.
New Zealand High Commission
CANBERRA
2 July
1998
46 Paragraph 5BA(2)(c)
After “Australian resident”, insert “and in
Australia”.
47 At the end of subsection
5BA(2)
Add:
; or (d) before the commencement of this paragraph, has been an Australian
resident for a period of, or periods totalling, 104 weeks.
48 Subsection 5BA(3)
Repeal the subsection, substitute:
(3) If a person is subject to a newly arrived disadvantaged low income
resident’s waiting period, the period:
(a) starts on the day the person first became an Australian resident;
and
(b) ends when the person has been an Australian resident and in Australia
for a period of, or periods totalling, 104 weeks.
49 Saving
If a person is subject to a newly arrived disadvantaged low income
resident’s waiting period immediately before the commencement of this
Schedule, the Health Insurance Act 1973 continues to apply to the person
in relation to the waiting period as if the amendments made to that Act by this
Schedule had not been made.
Part
1—Amendments relating to
portability of pensions
1 Paragraphs 1220(1)(d), (e) and
(f)
Repeal the paragraphs, substitute:
(d) within the period of 12 months after the person again becomes an
Australian resident, the person is granted, or is transferred to:
(i) an age pension; or
(ii) a disability support pension; or
(iii) a bereavement allowance; and
(e) after the pension or allowance is granted, or the person is
transferred to the pension or allowance, as the case may be, but before the end
of that period of 12 months, the person leaves Australia; and
2 Paragraphs 1220(2)(d), (e) and
(f)
Repeal the paragraphs, substitute:
(d) within the period of 12 months after the person arrives in Australia,
the person is granted, or is transferred to:
(i) an age pension; or
(ii) a disability support pension; or
(iii) a bereavement allowance; and
(e) after the pension or allowance is granted, or the person is
transferred to the pension or allowance, as the case may be, but before the end
of that period of 12 months, the person leaves Australia; and
Part
2—Amendments relating to
rates of pensions payable under portability provisions
3 After subsection 1220B(1)
Insert:
(1AA) If a person is transferred from one payment to another while the
person is absent from Australia, this section has effect as if the transfer had
occurred immediately before the person left Australia.
4 After point 1221-B8
Insert in Module B:
1221-B9 If:
(a) a person who is already receiving a social security payment (the
former payment) becomes qualified for another social security
payment (the new payment); and
(b) point 1221-B6, 1221-B7 or 1221-B8 applied to the person in relation to
the former payment;
that point continues to apply to the person in relation to the new
payment.
Part
3—Amendments relating to the
grant of pensions overseas
5 Subparagraph
1212(3)(c)(iii)
Repeal the subparagraph.
6 Subparagraph
1212(3)(c)(vi)
Repeal the subparagraph.
7 After subsection 1212(3)
Insert:
(3AA) If:
(a) a person outside Australia becomes qualified for an age pension;
and
(b) if the person had been in Australia, subsection 48(3) would have
applied to the person in relation to the age pension;
subsection (3) of this section applies to the person in relation to the age
pension as if paragraph (d) were omitted.
8 Subsection 1212(4) (note
1)
After “transferees”, insert “(other than those covered by
subsection (3AA))”.
Part
4—Amendments relating to the
application of international agreements where persons transfer to another
pension while overseas
9 At the end of section 43
Add:
(3) Subsection (1) has effect subject to subsection 1208(6) (continued
operation of scheduled international social security agreement in relation to
certain recipients of age pension).
10 At the end of section
1208
Add:
(6) If:
(a) immediately before he or she reaches pension age, a person is
receiving a social security payment (other than age pension) solely because of
the operation of a scheduled international social security agreement;
and
(b) on reaching pension age, the person becomes qualified for age pension
because of the operation of paragraph 43(1)(c);
the age pension is taken to be payable to the person under the agreement
referred to in paragraph (a).
Part
5—Amendments relating to the
waiver of debts arising under international agreements
11 At the end of section
1235
Add:
; or (c) a debt due to the Commonwealth under a scheduled international
social security agreement.
Part
6—Amendments relating to the
transfer to age pension of persons temporarily overseas
12 At the end of point
1210-A1
Add:
Note 4: Point 1210-A3 imposes a limit on the international
agreement portability rate.
13 After point 1210-A2
Insert in Module A:
Limit on international agreement portability rate
1210-A3 If a person’s international agreement portability rate as
calculated under point 1210-A1 would exceed the rate (the notional rate) that
would be the person’s notional agreement pension rate under that point if
the person had a residence factor of 1, the person’s international
agreement portability rate is the rate that equals the notional
rate.
1 Subsection 541D(1)
Omit “For the purposes of”, substitute “Subject to
subsections (1A) and (1B), for the purposes of”.
2 After subsection 541D(1)
Insert:
(1A) If:
(a) a person seeks work in an area (the new area) that is
outside the area (the old area) in which the person’s home
is situated; and
(b) the person is offered permanent full-time work (whether or not work of
the kind sought) in the new area;
the work offered is not unsuitable for the person because of paragraph
(1)(ha) unless:
(c) the person is under the age of 18; or
(d) the person or the person’s partner is pregnant; or
(e) the person or the person’s partner has a severe medical
condition and the condition makes it unreasonable for the person to accept the
offer; or
(f) the acceptance of the offer would jeopardise the current employment,
or the employment prospects, of the person’s partner; or
(g) the person or the person’s partner has a child under the age of
16 years who is living with them or is living somewhere else in the old area;
or
(h) the person or the person’s partner has significant caring
responsibilities in the old area; or
(i) the educational, cultural or religious background of the person makes
it unreasonable for the person to accept the offer; or
(j) it is more appropriate for the person to participate in education or
training than to accept the offer; or
(k) the person would suffer severe financial hardship if the person were
to accept the offer.
(1B) Without affecting what would otherwise constitute a person seeking
work outside the area in which the person’s home is situated, if a person,
when seeking employment through an employment service provider, represents to
the provider that the person is willing to undertake work outside the area in
which the person’s home is situated, the person is taken for the purposes
of subsection (1A) to seek work outside the area at the time when the
representation is made.
3 Subsection 601(2A)
Omit “subsection (2AA)”, substitute “subsections (2AA)
and (2AB)”.
4 Paragraph 601(2A)(i)
Omit “and subsection (2AB) applies to the person”.
5 After subsection 601(2A)
Insert:
(2AA) If:
(a) a person seeks work in an area (the new area) that is
outside the area (the old area) in which the person’s home
is situated; and
(b) the person is offered permanent full-time work (whether or not work of
the kind sought) in the new area;
the work offered is not unsuitable for the person because of paragraph
(2A)(i) unless:
(c) the person is under the age of 18 or over the age of 50; or
(d) the person or the person’s partner is pregnant; or
(e) the person or the person’s partner has a severe medical
condition and the condition makes it unreasonable for the person to accept the
offer; or
(f) the acceptance of the offer would jeopardise the current employment,
or the employment prospects, of the person’s partner; or
(g) the person or the person’s partner has a child under the age of
16 years who is living with them or is living somewhere else in the old area;
or
(h) the person or the person’s partner has significant caring
responsibilities in the old area; or
(i) the educational, cultural or religious background of the person makes
it unreasonable for the person to accept the offer; or
(j) it is more appropriate for the person to participate in education or
training than to accept the offer; or
(k) the person would suffer severe financial hardship if the person were
to accept the offer.
(2AB) Without affecting what would otherwise constitute a person seeking
work outside the area in which the person’s home is situated, if a person,
when seeking employment through an employment service provider, represents to
the provider that the person is willing to undertake work outside the area in
which the person’s home is situated, the person is taken for the purposes
of subsection (2AA) to seek work outside the area at the time when the
representation is made.
1 Subsection 553B(1)
Repeal the subsection, substitute:
(1) Subject to subsection (1B), if the Secretary considers that a person
has reduced his or her employment prospects by moving to a new place of
residence without sufficient reason, the person is subject to an
employment-related exclusion for a period of 26 weeks.
(1A) Subsection (1) extends to a person who makes a claim for youth
allowance on or after the day on which the person moved to the new place of
residence and before the end of the period referred to in that
subsection.
(1B) If a person who is subject to an employment-related exclusion under
subsection (1) (including that subsection as it applies by subsection (1A)) does
either of the following during the period of the exclusion:
(a) moves back to the place of residence (the original place of
residence) the movement from which made him or her subject to the
exclusion;
(b) moves to another place of residence a movement to which from the
original place of residence would not have made him or her subject to the
exclusion;
the period of the exclusion ends at the time of the movement back to the
original place of residence or the movement to the other place of residence, as
the case may be.
2 Section 597
Repeal the section.
3 Subsection 634(1)
Omit “subsection (2)”, substitute “subsections (1B) and
(2)”.
4 At the end of subsection
634(1)
Add:
(1A) Subsection (1) extends to a person who makes a claim for newstart
allowance on or after the day on which the person moved to the new place of
residence and before the end of the period referred to in that
subsection.
(1B) If a person to whom a newstart allowance is not payable under
subsection (1) for a period of 26 weeks (including that subsection as it applies
by subsection (1A)) does either of the following during that period:
(a) moves back to the place of residence (the original place of
residence) the movement from which resulted in newstart allowance not
being payable to him or her;
(b) moves to another place of residence a movement to which from the
original place of residence would not have resulted in newstart allowance not
being payable to him or her;
the period of 26 weeks ends at the time of the movement back to the
original place of residence or the movement to the other place of residence, as
the case may be.
5 At the end of subsection
634(3)
Add:
Note: For family member see subsection
23(1).
6 Subsection 634(4) (note)
Repeal the note.
1 After section 593
Insert:
(1) For the purposes of this Subdivision, a person who is enrolled in a
full-time course of education or of vocational training (other than a course
referred to in paragraphs 613(2)(a) and (b)) is not unemployed during the period
of the course or training.
(2) If a person has deferred a full-time course of education or of
vocational training, subsection (1) does not apply for the period of the
deferment.
(3) For the purposes of subsection (1), the period of the course or
training, in respect of a full-time course of education or of vocational
training, is 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 wishes to
withdraw from the course or withdraw from such number of subjects that the
person’s course will no longer be a full-time course; and
(c) includes the periods of vacation.
2 At the end of subsection
598(1)
Add:
Note 5: A person who is a full-time student cannot be
unemployed while studying (see section 594).
3 At the end of subsection
676(4A)
Add:
Note: For the purposes of paragraph (b), a person who is a
full-time student cannot be unemployed while studying (see section
676A).
4 After section 676
Insert:
(1) For the purposes of paragraph 676(4A)(b), a person who is enrolled in
a full-time course of education or of vocational training (other than a course
referred to in paragraphs 613(2)(a) and (b) is not unemployed during the period
of the course or training.
(2) If a person has deferred a full-time course of education or of
vocational training, subsection (1) does not apply for the period of the
deferment.
(3) For the purposes of subsection (1), the period of the course or
training, in respect of a full-time course of education or of vocational
training, is 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 wishes to
withdraw from the course or withdraw from such number of subjects that the
person’s course will no longer be a full-time course; and
(c) includes the periods of vacation.
1 Section 1061PZG
Repeal the section, substitute:
(1) If a person:
(a) is a sub-50% concessional study-load student in respect of a course;
and
(b) is not receiving any of the following:
(i) a disability support pension under this Act;
(ii) an invalidity service pension under the Veterans’ Entitlements
Act;
(iii) an invalidity income support supplement under the Veterans’
Entitlements Act;
the pensioner education supplement fortnightly rate for the person is
$30.00.
(2) The pensioner education supplement fortnightly rate for a person to
whom subsection (1) does not apply is $60.00.
(3) The rate of pensioner education supplement for a person is a daily
rate worked out by dividing the person’s fortnightly rate by 14.
(4) For the purposes of this section, a person is a sub-50%
concessional study-load student in respect of a course if the person is
a 25% concessional study-load student in respect of the course for the purposes
of Subdivision B of Division 1 of this Part who is undertaking, or who intends
to undertake, less than one half of the normal amount of full-time study,
determined in accordance with section 1061PF, in respect of that
course.
1 Paragraph 5BA(4)(a)
Omit “or”, substitute “and”.