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This is a Bill, not an Act. For current law, see the Acts databases.
FAMILY ASSISTANCE AND OTHER LEGISLATION AMENDMENT BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Family Assistance and Other Legislation
Amendment Bill 2011
No. , 2011
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the law relating to
family assistance, social security, paid parental
leave and Aboriginal land rights, and for related
purposes
i Family Assistance and Other Legislation Amendment Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Age of FTB child for family tax benefit
3
A New Tax System (Family Assistance) Act 1999
3
Schedule 2--Indexation
5
A New Tax System (Family Assistance) Act 1999
5
Paid Parental Leave Act 2010
5
Schedule 3--Assessing qualification for disability support
pension
6
Social Security Act 1991
6
Schedule 4--Extending Cape York welfare reform trial
9
Social Security (Administration) Act 1999
9
Schedule 5--Aboriginal Land Trusts
10
Aboriginal Land Rights (Northern Territory) Act 1976
10
Family Assistance and Other Legislation Amendment Bill 2011 No. , 2011 1
A Bill for an Act to amend the law relating to
1
family assistance, social security, paid parental
2
leave and Aboriginal land rights, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Family Assistance and Other
7
Legislation Amendment Act 2011.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Family Assistance and Other Legislation Amendment Bill 2011 No. , 2011
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
Immediately after the commencement of
item 6 of Schedule 2 to the Families,
Housing, Community Services and
Indigenous Affairs and Other Legislation
Amendment (Election Commitments and
Other Measures) Act 2011.
3. Schedule 2
30 June 2011.
30 June 2011
4. Schedule 3
3 September 2011.
3 September
2011
5. Schedules 4
and 5
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
13
Age of FTB child for family tax benefit Schedule 1
Family Assistance and Other Legislation Amendment Bill 2011 No. , 2011 3
Schedule 1--Age of FTB child for family tax
1
benefit
2
3
A New Tax System (Family Assistance) Act 1999
4
1 Paragraph 22(6)(a)
5
Omit "has turned 21 but is aged under 25", substitute "is aged 21".
6
Note:
The heading to subsection 22(6) is altered by omitting "21-24" and substituting "21".
7
2 Paragraph 31(3)(a)
8
Repeal the paragraph, substitute:
9
(a) if the child was aged 21 and undertaking full-time study
10
when the child died--any day on which the child would have
11
been aged 22 if the child had not died; or
12
3 Subparagraph 34(1)(a)(iii)
13
Omit "has turned 21 but is aged under 25", substitute "is aged 21".
14
4 Paragraph 65(2)(a)
15
Repeal the paragraph, substitute:
16
(a) where the child was aged 21 and undertaking full-time study
17
when the child died--the child would have been aged 22 on
18
that day if the child had not died; or
19
5 Clause 7 of Schedule 1 (table item 5, column 1)
20
Omit "25", substitute "22".
21
6 Application and saving provisions
22
(1)
The amendments made by this Schedule apply for the purposes of
23
working out whether family tax benefit, and how much family tax
24
benefit, is payable for a day that is on or after 1 January 2012.
25
(2)
However, those amendments do not affect the payability to an
26
individual (the adult) or approved care organisation of family tax
27
benefit for another individual (the child) who is described in
28
subitem (3) for a day in the period described in subitem (4).
29
(3)
Subitem (2) applies if immediately before 1 January 2012, the child:
30
Schedule 1 Age of FTB child for family tax benefit
4 Family Assistance and Other Legislation Amendment Bill 2011 No. , 2011
(a) had turned 22 but was aged under 25; and
1
(b) was enrolled in, and undertaking, a course of full-time study;
2
and
3
(c) was either an FTB child of the adult or a client of the
4
approved care organisation for the purposes of paragraph
5
34(1)(b) of the A New Tax System (Family Assistance) Act
6
1999.
7
Note:
Subsection 34(3) of the A New Tax System (Family Assistance) Act 1999 affects who is
8
a client of an approved care organisation for the purposes of paragraph 34(1)(b) of that
9
Act.
10
(4)
The period starts on 1 January 2012 and ends when the child either
11
stops being enrolled in that course or stops undertaking that course.
12
13
Indexation Schedule 2
Family Assistance and Other Legislation Amendment Bill 2011 No. , 2011 5
Schedule 2--Indexation
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Subclause 3(7) of Schedule 4
4
Omit "and 1 July 2011", substitute ", 1 July 2011, 1 July 2012 and
5
1 July 2013".
6
Note:
The heading to subclause 3(7) of Schedule 4 is altered by omitting "and 1 July 2011"
7
and substituting ", 1 July 2011, 1 July 2012 and 1 July 2013".
8
2 At the end of clause 3 of Schedule 4
9
Add:
10
No indexation of FTB gross supplement amount (A) and (B) on
11
1 July 2011, 1 July 2012 and 1 July 2013
12
(8) The FTB gross supplement amount (A) and the FTB gross
13
supplement amount (B) are not to be indexed on 1 July 2011,
14
1 July 2012 and 1 July 2013.
15
Paid Parental Leave Act 2010
16
3 Section 30
17
Omit "30 June 2012", substitute "30 June 2014".
18
4 Paragraph 41(a)
19
Omit "1 July 2012", substitute "1 July 2014".
20
5 Subsection 42(1)
21
Omit "1 July 2012", substitute "1 July 2014".
22
23
Schedule 3 Assessing qualification for disability support pension
6 Family Assistance and Other Legislation Amendment Bill 2011 No. , 2011
Schedule 3--Assessing qualification for
1
disability support pension
2
3
Social Security Act 1991
4
1 Subparagraph 94(1)(e)(iii)
5
Omit "while a dependent child of an Australian resident; and",
6
substitute "while a dependent child of an Australian resident.".
7
2 Paragraph 94(1)(f)
8
Repeal the paragraph.
9
3 Before paragraph 94(2)(a)
10
Insert:
11
(aa) in a case where the person's impairment is not a severe
12
impairment within the meaning of subsection (3B)--the
13
person has actively participated in a program of support
14
within the meaning of subsection (3C); and
15
Note:
The following heading to subsection 94(2) is inserted "Continuing inability to work".
16
4 Paragraph 94(2)(a)
17
Before "the impairment", insert "in all cases--".
18
5 Paragraph 94(2)(b)
19
Before "either", insert "in all cases--".
20
6 After subsection 94(3)
21
Insert:
22
(3A)
If:
23
(a) a person is receiving disability support pension; and
24
(b) the Secretary gives the person a notice under subsection
25
63(2) or (4) of the Administration Act in relation to assessing
26
the person's qualification for that pension;
27
then paragraph (2)(aa) of this section does not apply in relation to
28
that assessment.
29
Assessing qualification for disability support pension Schedule 3
Family Assistance and Other Legislation Amendment Bill 2011 No. , 2011 7
Severe impairment
1
(3B) A person's impairment is a severe impairment if the person's
2
impairment is of 20 points or more under the Impairment Tables,
3
of which 20 points or more are under a single Impairment Table.
4
Example 1: A person's impairment is of 30 points under the Impairment Tables,
5
made up of 20 points under one Impairment Table and 10 points under
6
another Impairment Table. The person has a severe impairment.
7
Example 2: A person's impairment is of 40 points under the Impairment Tables,
8
made up of 20 points under one Impairment Table and 20 points under
9
another Impairment Table. The person has a severe impairment.
10
Example 3: A person's impairment is of 20 points under the Impairment Tables,
11
made up of 10 points each under 2 separate Impairment Tables. The
12
person does not have a severe impairment.
13
Active participation in a program of support
14
(3C) A person has actively participated in a program of support if the
15
person has satisfied the requirements specified in a legislative
16
instrument made by the Minister for the purposes of this
17
subsection.
18
(3D) The Secretary must comply with any guidelines in force under
19
subsection (3E) in deciding whether the Secretary is satisfied as
20
mentioned in paragraph (2)(aa).
21
(3E) The Minister may, by legislative instrument, make guidelines for
22
the purposes of subsection (3D).
23
7 Paragraph 94(4)(a)
24
Repeal the paragraph, substitute:
25
(a) is unlikely to need a program of support; or
26
Note:
The following heading to subsection 94(4) is inserted "Doing work independently of a
27
program of support".
28
8 Paragraphs 94(4)(b) and (c)
29
Omit "such".
30
9 Subsection 94(5)
31
Insert:
32
program of support means a program that:
33
Schedule 3 Assessing qualification for disability support pension
8 Family Assistance and Other Legislation Amendment Bill 2011 No. , 2011
(a) is designed to assist persons to prepare for, find or maintain
1
work; and
2
(b)
either:
3
(i) is funded (wholly or partly) by the Commonwealth; or
4
(ii) is of a type that the Secretary considers is similar to a
5
program that is designed to assist persons to prepare for,
6
find or maintain work and that is funded (wholly or
7
partly) by the Commonwealth.
8
Note:
The following heading to subsection 94(5) is inserted "Other definitions".
9
10 Section 94A
10
Repeal the section.
11
11 Paragraph 729(2A)(a)
12
Omit ", 94A".
13
12 Application and saving
14
(1)
The amendments made by items 1 to 9 apply in relation to a person who
15
makes a claim, or who is taken to have made a claim, for disability
16
support pension on or after the commencement of those items.
17
Note:
Sections 12, 13 and 15 of the Administration Act and clause 4 of Schedule 2 to that Act
18
deal with claims for disability support pension that are taken to have been made.
19
(2)
Despite the amendment made by item 10, if:
20
(a) a person made a claim for disability support pension under
21
section 94A of the Social Security Act 1991 before the
22
commencement of that item and, immediately before that
23
commencement, the claim had not been finally determined;
24
or
25
(b) a person was receiving disability support pension under that
26
section immediately before the commencement of that item;
27
then that section, as in force immediately before that commencement,
28
continues to apply on and after that commencement for the purposes of
29
working out the person's qualification for disability support pension
30
under that section.
31
32
Extending Cape York welfare reform trial Schedule 4
Family Assistance and Other Legislation Amendment Bill 2011 No. , 2011 9
Schedule 4--Extending Cape York welfare
1
reform trial
2
3
Social Security (Administration) Act 1999
4
1 Paragraphs 123UF(1)(g) and (2)(h)
5
Omit "1 January 2012", substitute "1 January 2013".
6
7
Schedule 5 Aboriginal Land Trusts
10 Family Assistance and Other Legislation Amendment Bill 2011 No. , 2011
Schedule 5--Aboriginal Land Trusts
1
2
Aboriginal Land Rights (Northern Territory) Act 1976
3
1 After section 5
4
Insert:
5
5A Public Works Committee Act
6
The
Public Works Committee Act 1969 does not apply to a Land
7
Trust.
8