FAMILY ASSISTANCE AND OTHER LEGISLATION AMENDMENT BILL 2013

i Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedule(s) ........................................................................................ 3

Schedule 1--Baby bonus

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Family Assistance and Other Legislation Amendment Act 2012

Schedule 2--Family tax benefit and double orphan pension

A New Tax System (Family Assistance) Act 1999

Social Security Act 1991

Schedule 3--Other amendments

Part 1--Schoolkids bonus

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Part 2--Entrusted to care

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Families, Housing, Community Services and Indigenous Affairs and

Other Legislation Amendment (2008 Budget and Other Measures) Act

2008

Paid Parental Leave Act 2010

Paid Parental Leave (Consequential Amendments) Act 2010

Part 3--Family assistance clean energy payments

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Part 4--Social security and veterans' entitlements supplements

Division 1--Instalments of quarterly supplements

Social Security (Administration) Act 1999

Veterans' Entitlements Act 1986

Division 2--Interactions with quarterly clean energy supplement

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 1

A Bill for an Act to amend the law relating to

family assistance, social security, veterans'

entitlements and paid parental leave, and for

related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Family Assistance and Other

Legislation Amendment Act 2013.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

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,

items 1 to 3

1 July 2013.

1 July 2013

3. Schedule 1,

items 4 to 6

The day after this Act receives the Royal

Assent.

4. Schedule 1,

items 7 and 8

1 July 2013.

1 July 2013

5. Schedule 1,

item 9

The day after this Act receives the Royal

Assent.

6. Schedule 1,

items 10 and 11

1 July 2013.

1 July 2013

7. Schedule 2,

items 1 to 3

Immediately after the commencement of

item 3 of Schedule 2 to the Families,

Housing, Community Services and

Indigenous Affairs and Other Legislation

Amendment (Election Commitments and

Other Measures) Act 2011.

1 January 2012

8. Schedule 2,

items 4 and 5

1 January 2012.

1 January 2012

9. Schedule 2,

items 6 and 7

1 January 2013.

1 January 2013

10. Schedule 3,

Parts 1 and 2

The day after this Act receives the Royal

Assent.

11. Schedule 3,

items 58 and 59

1 July 2013.

1 July 2013

12. Schedule 3,

items 60 to 62

The day after this Act receives the Royal

Assent.

13. Schedule 3,

items 63 to 67

1 July 2013.

1 July 2013

14. Schedule 3,

Part 4, Division 1

The later of:

(a) the start of the day after this Act receives

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 3

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

the Royal Assent; and

(b) immediately after the commencement of

Part 3 of Schedule 1 to the Clean Energy

(Household Assistance Amendments) Act

2011.

15. Schedule 3,

Part 4, Division 2

Immediately after the commencement of

Part 5 of Schedule 1 to the Clean Energy

(Household Assistance Amendments) Act

2011.

20 March 2013

16. Schedule 3,

Part 4, Division 3

The day after this Act receives the Royal

Assent.

17. Schedule 3,

Part 5

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Schedule 1 Baby bonus

4 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

Schedule 1

Baby bonus

A New Tax System (Family Assistance) Act 1999

1 Section 66

Repeal the section, substitute:

66 Amount of baby bonus

General rule

(1) Subject to this section, the amount of baby bonus for an individual

in respect of a child is as follows:

(a) if the individual is eligible for baby bonus under

subsection 36(2) and the child is the first child born alive to

the woman who gave birth to the child--$5,000;

(b) if the individual is eligible for baby bonus under

subsection 36(3) and the child is the first child that becomes

entrusted to the care of the individual, or the individual's

partner, in the circumstances mentioned in

paragraph 36(3)(b)--$5,000;

subsection 36(4), the child is the first stillborn child of the

woman who gave birth to the child and the woman has not

given birth to any other children--$5,000;

(d) if the individual is eligible for baby bonus under

subsection 36(5) and the child is the first child that becomes

entrusted to the care of the individual, or the individual's

partner, in the circumstances mentioned in paragraphs

36(5)(a) to (b)--$5,000;

(e) otherwise--$3,000.

Multiple children cases

(2) The amount of baby bonus for an individual in respect of each

child born during the same multiple birth (including any stillborn

child) is $5,000.

(3) If an individual is eligible for baby bonus under subsection 36(3) in

respect of 2 or more children who become entrusted to the care of

Baby bonus Schedule 1

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 5

the individual, or the individual's partner, as part of the same

entrustment to care process, the amount of baby bonus in respect of

each child is $5,000.

(4) If an individual is eligible for baby bonus under subsection 36(5) in

respect of 2 or more children who become entrusted to the care of

the individual as part of the same adoption process, the amount of

baby bonus in respect of each child is $5,000.

Shared baby bonus

(5) If, under paragraph 37(3)(b), the Secretary has determined the

percentage that is to be an individual's percentage of baby bonus in

respect of a child, the amount of baby bonus for the individual in

respect of that child is that percentage of the amount worked out

under subsections (1) to (3) of this section.

2 Clause 2 of Schedule 4 (table item 17AD)

Omit "subsection 66(1)", substitute "paragraphs 66(1)(a), (b), (c), (d)

and (e) and subsections 66(2), (3) and (4)".

3 Subclause 3(9) of Schedule 4 (note)

Repeal the note, substitute:

Note:

Indexation of baby bonus resumes on 1 July 2015.

A New Tax System (Family Assistance) (Administration) Act

1999

4 Subsection 39(2)

Omit "if it is made later than 52 weeks after", substitute "unless it is

made before the end of the period of 52 weeks beginning on".

5 Paragraph 39(2)(a)

Omit "the birth", substitute "the day of the birth".

6 Paragraph 39(2)(b)

Omit "the time", substitute "the day".

7 Paragraphs 47(2A)(b) and (c)

Repeal the paragraphs, substitute:

Schedule 1 Baby bonus

6 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

(b) if the claimant becomes eligible for baby bonus between

1 September 2012 and 30 June 2013--$846.20;

1 July 2013 and 30 June 2015 and the amount of baby bonus

is the amount applicable under paragraph 66(1)(a), (b), (c) or

(d) or subsection 66(2), (3) or (4) of the Family Assistance

Act--$846.20;

(d) if the claimant becomes eligible for baby bonus between

1 July 2013 and 30 June 2015 and the amount of baby bonus

is the amount applicable under paragraph 66(1)(e) of the

Family Assistance Act--$692.40;

(e) if the claimant becomes eligible for baby bonus on or after

1 July 2015 and the amount of baby bonus is the amount

applicable under paragraph 66(1)(a), (b), (c) or (d) or

subsection 66(2), (3) or (4) of the Family Assistance Act--

the amount worked out as follows:

The amount of baby bonus

16.92%

the claimant is entitled to

(f) if the claimant becomes eligible for baby bonus on or after

1 July 2015 and the amount of baby bonus is the amount

applicable under paragraph 66(1)(e) of the Family Assistance

Act--the amount worked out as follows:

The amount of baby bonus

23.08%

the claimant is entitled to

8 Application provision

amount of baby bonus

The amendment made by item 1 applies in relation to individuals who

become eligible for baby bonus on or after 1 July 2013.

9 Application provision

claims for baby bonus

The amendments made by items 4 to 6 apply in relation to claims for

payment of baby bonus that are made on or after the commencement of

those items.

10 Transitional provision

In working out the indexed amount for baby bonus on 1 July 2015

under Schedule 4 to the A New Tax System (Family Assistance) Act

1999:

Baby bonus Schedule 1

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 7

(a) the current figure for baby bonus, in relation to the amount

specified in paragraph 66(1)(a), (b), (c) or (d) or

subsection 66(2), (3) or (4) of that Act, immediately before

that day is taken to be $5,000; and

(b) the current figure for baby bonus, in relation to the amount

specified in paragraph 66(1)(e) of that Act, immediately

before that day is taken to be $3,000.

Family Assistance and Other Legislation Amendment Act

2012

11 Item 6 of Schedule 2

Repeal the item.

Schedule 2 Family tax benefit and double orphan pension

8 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

Schedule 2

Family tax benefit and double

orphan pension

A New Tax System (Family Assistance) Act 1999

1 Paragraph 22B(3)(a)

After "is in", insert "November or".

2 Paragraph 22B(3)(b)

Omit "December", substitute "November".

3 Application provision

items 1 and 2

The amendments made by items 1 and 2 apply in relation to working

out whether an individual is a senior secondary school child for days on

or after 1 January 2012.

Social Security Act 1991

4 Subsection 5(1) (definition of young person)

Repeal the definition, substitute:

young person:

(a) except in Part 2.20--has the meaning given by

subsection (1B) of this section; and

(b) in Part 2.20--means a person who:

(i) is under 16 years of age; or

(ii) has reached 16, but is under 22, years of age and is

receiving full-time education at a school, college or

university; or

(iii) has reached 16 years of age and is a senior secondary

school child (within the meaning of section 22B of the

Family Assistance Act (disregarding

subparagraph 22B(1)(a)(i) of that Act)).

5 Application provision

item 4

In respect of the amendment made by item 4, Part 2.20 of the Social

Security Act 1991 applies in relation to working out qualification for a

double orphan pension for days on or after 1 January 2012.

Family tax benefit and double orphan pension Schedule 2

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 9

6 Subsection 5(1) (paragraph (b) of the definition of young

person)

Repeal the paragraph, substitute:

(b) in Part 2.20--means a person who is under 20 years of age.

7 Application provision

item 6

In respect of the amendment made by item 6, Part 2.20 of the Social

Security Act 1991 applies in relation to working out qualification for a

double orphan pension for days on or after 1 January 2013.

Schedule 3 Other amendments

Part 1 Schoolkids bonus

10 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

Schedule 3

Other amendments

Part 1

Schoolkids bonus

A New Tax System (Family Assistance) Act 1999

1 Paragraph 35UA(2)(d)

Repeal the paragraph, substitute:

(d) at any time before the end of the calendar year in which the

bonus test day occurs, the Secretary is notified, or otherwise

becomes aware, that on the bonus test day:

(i) the other individual was undertaking full-time study in

respect of a secondary course (within the meaning of

subsection 543A(2AB) of the Social Security Act 1991);

(ii) the other individual was undertaking an eligible activity

(see subsection (6)); and

2 Paragraph 35UA(4)(e)

Repeal the paragraph, substitute:

(e) at any time before the end of the calendar year in which the

bonus test day occurs, the Secretary is notified, or otherwise

becomes aware, that on the bonus test day:

(i) the other individual was participating in a course of

primary education; or

(ii) the other individual satisfied the secondary study test

within the meaning of section 35UI; or

(iii) the other individual was undertaking an eligible activity

(see subsection (6)); and

3 Paragraph 35UA(4A)(d)

Omit "at any time before the end of the period of 13 weeks beginning

on the bonus test day", substitute "at any time before the end of the

calendar year in which the bonus test day occurs".

4 Paragraph 35UB(2)(b)

Omit "--the Secretary is notified, or otherwise becomes aware, that".

Other amendments Schedule 3

Schoolkids bonus Part 1

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 11

5 Subparagraphs 35UB(2)(b)(i), (ii) and (iii)

Before "the FTB child", insert "the Secretary is notified, or otherwise

becomes aware, that".

6 At the end of paragraph 35UB(2)(b)

Add:

; or (iv) if the FTB child has at any time participated in a course

of primary education or undertaken full-time study in

respect of a secondary course (within the meaning of

subsection 543A(2AB) of the Social Security Act

1991)--the Secretary is satisfied that there are special

circumstances that justify the child not participating in

that course, or undertaking that study, during the current

education period for the bonus test day.

7 Subsection 35UD(1)

Omit ", and who", substitute "and in respect of whom one of the

following applies at any time before the end of the second income year

after the income year in which the bonus test day occurs".

8 Paragraph 35UD(1)(a)

Omit "on at least one day in the previous education period for the bonus

test day", substitute "the Secretary is notified, or otherwise becomes

aware, that on at least one day in the previous education period for the

bonus test day the child".

9 Subparagraph 35UD(1)(a)(iii)

Omit "or".

10 After paragraph 35UD(1)(a)

Insert:

(aa) if the child has at any time participated in a course of primary

education or undertaken full-time study in respect of a

secondary course (within the meaning of

subsection 543A(2AB) of the Social Security Act 1991)--the

Secretary is satisfied that there were special circumstances

that justified the child not participating in that course, or

undertaking that study, during the previous education period

for the bonus test day;

Schedule 3 Other amendments

Part 1 Schoolkids bonus

12 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

11 Paragraph 35UD(1)(b)

Omit "on a day in the current education period for the bonus test day",

substitute "the Secretary is notified, or otherwise becomes aware, that

on a day in the current education period for the bonus test day the

child".

12 Subsection 35UD(2)

Omit "who", substitute "in respect of whom the following apply".

13 Paragraph 35UD(2)(a)

Before "is covered", insert "the other individual".

14 Paragraph 35UD(2)(a)

Omit "and" (last occurring).

15 Paragraph 35UD(2)(b)

Omit "on at least one day in the previous education period for the bonus

test day", substitute "at any time before the end of the calendar year in

which the bonus test day occurs, the Secretary is notified, or otherwise

becomes aware, that on at least one day in the previous education period

for the bonus test day the other individual".

16 Subsection 35UD(4)

Omit "who", substitute "in respect of whom the following apply".

17 Paragraph 35UD(4)(a)

Before "is covered", insert "the other individual".

18 Paragraph 35UD(4)(a)

Omit "and" (last occurring).

19 Paragraph 35UD(4)(b)

Omit "on at least one day in the previous education period for the bonus

test day", substitute "at any time before the end of the calendar year in

which the bonus test day occurs, the Secretary is notified, or otherwise

becomes aware, that on at least one day in the previous education period

for the bonus test day the other individual".

20 Subsection 35UD(4A)

Other amendments Schedule 3

Schoolkids bonus Part 1

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 13

Omit "and who", substitute "and in respect of whom one of the

following applies at any time before the end of the calendar year in

which the bonus test day occurs".

21 Paragraph 35UD(4A)(a)

Omit "on at least one day in the previous education period for the bonus

test day", substitute "the Secretary is notified, or otherwise becomes

aware, that on at least one day in the previous education period for the

bonus test day the other individual".

22 Subparagraph 35UD(4A)(a)(iii)

Omit "or".

23 Paragraph 35UD(4A)(b)

Omit "on a day in the current education period for the bonus test day",

substitute "the Secretary is notified, or otherwise becomes aware, that

on a day in the current education period for the bonus test day the other

individual".

24 Paragraph 35UE(1)(e)

Repeal the paragraph, substitute:

(e) at any time before the end of the calendar year in which the

bonus test day occurs, the Secretary is notified, or otherwise

becomes aware, that on the bonus test day:

(i) the individual was undertaking full-time study in respect

of a secondary course (within the meaning of

subsection 543A(2AB) of the Social Security Act 1991);

(ii) the individual was undertaking an eligible activity (see

subsection (6)); and

25 Paragraph 35UE(1)(f)

Before "on at least", insert "at any time before the end of the calendar

year in which the bonus test day occurs, the Secretary is notified, or

otherwise becomes aware, that".

26 Paragraph 35UE(3)(f)

Repeal the paragraph, substitute:

Schedule 3 Other amendments

Part 1 Schoolkids bonus

14 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

(f) at any time before the end of the calendar year in which the

bonus test day occurs, the Secretary is notified, or otherwise

becomes aware, that on the bonus test day:

(i) the individual was participating in a course of primary

education; or

(ii) the individual satisfied the secondary study test within

the meaning of section 35UI; or

(iii) the individual was undertaking an eligible activity (see

subsection (6)); and

27 Paragraph 35UE(3)(g)

Before "on at least", insert "at any time before the end of the calendar

year in which the bonus test day occurs, the Secretary is notified, or

otherwise becomes aware, that".

28 Subsection 65B(4)

Omit ", the Secretary is notified, or otherwise becomes aware, that".

29 Paragraphs 65B(4)(a) and (b)

Before "the eligible child", insert "the Secretary is notified, or otherwise

becomes aware, that".

30 At the end of subsection 65B(4) (before the note)

Add:

; or (c) if the eligible child has at any time undertaken full-time study

in respect of a secondary course (within the meaning of

subsection 543A(2AB) of the Social Security Act 1991)--the

Secretary is satisfied that there were special circumstances

that justified the child not undertaking that study during the

previous education period for the bonus test day.

31 Subsections 65B(4A) and (4B)

Omit "at any time before the end of the period of 13 weeks beginning

on the bonus test day", substitute "at any time before the end of the

calendar year in which the bonus test day occurs".

32 Subparagraph 65E(1)(a)(ii)

Omit "subsection (2) or (3)", substitute "subsection (2), (3) or (3A)".

33 Subsection 65E(3)

Other amendments Schedule 3

Schoolkids bonus Part 1

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 15

Repeal the subsection, substitute:

(3) This subsection applies to an individual for the bonus test day if, at

any time before the end of the calendar year in which the bonus

test day occurs, the Secretary is notified, or otherwise becomes

aware, that:

(a) if the individual is eligible under subsection 35UE(1) for

schoolkids bonus on the bonus test day--the individual:

(i) undertook full-time study in respect of a secondary

course (within the meaning of subsection 543A(2AB) of

the Social Security Act 1991) on at least one day during

the previous education period for the bonus test day; or

(ii) undertook, or will undertake, full-time study in respect

of a secondary course (within the meaning of

subsection 543A(2AB) of the Social Security Act 1991)

on at least one day during the current education period

for the bonus test day; or

(b) if the individual is eligible under subsection 35UE(3) for

schoolkids bonus on the bonus test day--the individual:

(i) satisfied the secondary study test within the meaning of

section 35UI on at least one day during the previous

education period for the bonus test day; or

(ii) satisfied, or will satisfy, the secondary study test within

the meaning of section 35UI on at least one day during

the current education period for the bonus test day; or

(i) undertook an eligible activity on at least one day during

the previous education period for the bonus test day; or

(ii) undertook, or will undertake, an eligible activity on at

least one day during the current education period for the

bonus test day.

(3A) This subsection applies to an individual for the bonus test day if:

(a) the individual is eligible under subsection 35UE(2) for

schoolkids bonus on the bonus test day; and

(b) the individual:

(i) undertook full-time study in respect of a course of

education determined, under section 5D of the Student

Assistance Act 1973, to be a secondary course for the

purposes of that Act on at least one day during the

previous education period for the bonus test day; or

Schedule 3 Other amendments

Part 1 Schoolkids bonus

16 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

(ii) undertook, or will undertake, full-time study in respect

of a course of education determined, under section 5D

of the Student Assistance Act 1973, to be a secondary

course for the purposes of that Act on at least one day

during the current education period for the bonus test

day; or

(iii) undertook an eligible activity on at least one day during

the previous education period for the bonus test day; or

(iv) undertook, or will undertake, an eligible activity on at

least one day during the current education period for the

bonus test day.

A New Tax System (Family Assistance) (Administration) Act

1999

34 At the end of Division 2A of Part 3

Add:

35H Obligation to notify change of circumstances

(1) If:

(a) an individual is eligible for schoolkids bonus on a bonus test

day; and

(b) there is a change in circumstances that may affect the

individual's eligibility for schoolkids bonus on a later bonus

test day or the amount of schoolkids bonus for the individual

for a later bonus test day;

the individual must, in the manner set out in a written notice given

to the individual under subsection (3) and as soon as practicable

after the change in circumstances, notify the Secretary of that

change.

(2) The Secretary must approve a manner of notification that an

individual is to use when notifying the Secretary of a thing under

subsection (1).

(3) The Secretary must, by written notice, notify the individual of the

approved manner of notification.

35 Application provisions

Other amendments Schedule 3

Schoolkids bonus Part 1

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 17

(1)

The amendments made by items 1 to 33 apply in relation to working out

eligibility for schoolkids bonus on bonus test days occurring on or after

the commencement of those items.

(2)

Paragraph 35H(1)(a) of the A New Tax System (Family Assistance)

(Administration) Act 1999, as inserted by this Part, applies in relation to

bonus test days occurring on or after the commencement of this item.

Schedule 3 Other amendments

Part 2 Entrusted to care

18 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

Part 2

Entrusted to care

A New Tax System (Family Assistance) Act 1999

36 Subsection 3(1)

Insert:

becomes entrusted: a child becomes entrusted to the care of an

individual at a time if:

(a) any person entrusts the child to the individual's care; and

(b) as a result, the child is in the individual's care at that time;

and

37 Subparagraphs 36(3)(b)(i) and (ii)

Omit "is entrusted", substitute "becomes entrusted".

38 Paragraphs 36(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) the child becomes entrusted to the care of the individual on a

day; and

(aa) it is an authorised party that entrusts the child to the care of

the individual; and

(ab) the authorised party does so as part of the process for the

adoption of the child by the individual; and

(b) the child is aged under 16 on that day; and

39 Subparagraphs 36(5)(bc)(i) and (ii) and (c)(i)

Omit "the day the child is entrusted to the care of the individual",

substitute "that day".

A New Tax System (Family Assistance) (Administration) Act

1999

40 Paragraph 39(2)(b)

Omit "is entrusted", substitute "becomes entrusted".

Other amendments Schedule 3

Entrusted to care Part 2

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 19

41 Subparagraph 47B(1)(b)(ii)

Omit "is entrusted", substitute "becomes entrusted".

Families, Housing, Community Services and Indigenous

Affairs and Other Legislation Amendment (2008

Budget and Other Measures) Act 2008

42 Paragraph 22(1)(b) of Schedule 2

Omit "that Act--children entrusted to care", substitute "the A New Tax

System (Family Assistance) Act 1999--children who become entrusted

to care (within the meaning of that Act, as amended by Part 2 of

Schedule 3 to the Family Assistance and Other Legislation Amendment

Act 2013)".

43 Paragraph 22(1)(c) of Schedule 2

Omit "that Act", substitute "the A New Tax System (Family Assistance)

Act 1999".

44 Paragraph 22(1)(d) of Schedule 2

Omit "that Act--children entrusted to care", substitute "the A New Tax

System (Family Assistance) Act 1999--children who become entrusted

to care (within the meaning of that Act, as amended by Part 2 of

Schedule 3 to the Family Assistance and Other Legislation Amendment

Act 2013)".

45 Paragraph 34(1)(d) of Schedule 2

Omit "entrusted to care", substitute "who become entrusted to care

(within the meaning of that Act, as amended by Part 2 of Schedule 3 to

the Family Assistance and Other Legislation Amendment Act 2013)".

46 Item 44 of Schedule 2

Omit "entrusted to care", substitute "who become entrusted to care

(within the meaning of the A New Tax System (Family Assistance) Act

1999, as amended by Part 2 of Schedule 3 to the Family Assistance and

Other Legislation Amendment Act 2013)".

Paid Parental Leave Act 2010

47 Section 6 (definition of day of placement)

Schedule 3 Other amendments

Part 2 Entrusted to care

20 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

Repeal the definition.

48 Section 274

Before "under 16", insert "aged".

49 Section 274

Omit "of placement of the adopted child", substitute "the adopted child

becomes entrusted to care".

50 Paragraph 275(1)(b)

Omit "of placement of the child", substitute "the child becomes

entrusted to the care of a person as mentioned in subsection (2)".

51 Paragraph 275(1)(c)

Omit "expected day of placement of the child", substitute "day expected

to be the day the child will become entrusted to the care of a person as

mentioned in subsection (2)".

52 Paragraph 275(1)(d)

Omit "of placement of the child", substitute "the child became entrusted

to the care of a person as mentioned in subsection (2)".

53 Subsections 275(2) and (3)

Repeal the subsections, substitute:

When a child satisfies this subsection

(2) A child satisfies the requirements of this subsection if:

(a) the child becomes, or is to become, entrusted (within the

meaning of the Family Assistance Act) to the care of the

person; and

(b) it is an authorised party that entrusts, or is to entrust, the child

to the care of the person; and

process for the adoption of the child by the person; and

(d) the child is, or will be, aged under 16 on the day the child

becomes entrusted to the care of the person.

Other amendments Schedule 3

Entrusted to care Part 2

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 21

Paid Parental Leave (Consequential Amendments) Act 2010

54 Paragraph 3(b) of Schedule 2

Omit "was entrusted", substitute "became entrusted (within the meaning

of that Act, as amended by Part 2 of Schedule 3 to the Family

Assistance and Other Legislation Amendment Act 2013)".

55 Paragraph 3(c) of Schedule 2

Omit "that Act", substitute "the A New Tax System (Family Assistance)

Act 1999".

56 Paragraph 3(d) of Schedule 2

Omit "that Act for baby bonus in respect of a child who was entrusted",

substitute "the A New Tax System (Family Assistance) Act 1999 for

baby bonus in respect of a child who became entrusted (within the

meaning of that Act, as amended by Part 2 of Schedule 3 to the Family

Assistance and Other Legislation Amendment Act 2013)".

57 Application provision

(1)

The amendments made by this Part apply in relation to a child

becoming entrusted to the care of a person before, on or after the

commencement of this item.

(2)

However, the amendments do not affect the rights or liabilities arising

between parties to a proceeding heard and finally determined by a court

before the commencement of this item, to the extent that those rights or

liabilities arose from, or were affected by, a child being entrusted to the

care of a person.

Schedule 3 Other amendments

Part 3 Family assistance clean energy payments

22 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

Part 3

Family assistance clean energy payments

A New Tax System (Family Assistance) Act 1999

58 Subsection 58A(1) (note 2)

Omit "after the end of a quarter".

59 After subsection 58A(3)

Insert:

(3A) An election ceases to be in force if subsection 32(1) applies in

relation to the individual. The election ceases to be in force on the

request day (see subsection 32(1)).

(3B) If an election ceases to be in force under subsection (3A), the

individual cannot make another election under subsection (1) until

after the end of the lump sum period referred to in step 1 of the

method statement in subsection 65(1).

60 At the end of paragraph 109(b)

Add "and".

61 After paragraph 109(b)

Insert:

subsection 108(1A);

62 Application provision

The amendments made by items 60 and 61 apply in relation to working

out whether individuals are entitled to payments of clean energy

advance on or after the day those items commence (whether the

entitlement referred to in paragraph 109(a) of the A New Tax System

(Family Assistance) Act 1999 arose before, on or after that

commencement).

63 Subclause 31B(3) of Schedule 1 (note)

Omit "after the end of the quarter".

64 Subclause 38AA(3) of Schedule 1 (note)

Other amendments Schedule 3

Family assistance clean energy payments Part 3

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 23

Omit "after the end of the quarter".

65 Subclause 38AF(3) of Schedule 1 (note)

Omit "after the end of the quarter".

A New Tax System (Family Assistance) (Administration) Act

1999

66 Paragraph 105B(1)(b)

Omit "subsection (2)", substitute "subsections (2) and (2A)".

67 Subsection 105B(2)

Repeal the subsection, substitute:

(2) The consequences in subsection (2A) apply:

(a) once one of the following applies in that quarter:

(i) the individual ceases to be entitled to be paid family tax

benefit under the determination;

(ii) a revocation of the election takes effect;

(iii) the election ceases to be in force under

subsection 58A(3A) of the Family Assistance Act; or

(b) otherwise--after the end of that quarter.

(2A) The consequences are:

(a) for the purposes of subsection 105(1), the Secretary is taken

to be satisfied that there is sufficient reason to review the

determination; and

(b) the Secretary must exercise the power conferred by

subsection 105(1) to review the determination; and

(i) Division 2B of Part 4 of Schedule 1 to the Family

Assistance Act and Division 2AA of Part 5 of that

Schedule applied in relation to those days; and

(ii) the election was not in force on those days.

Note:

Those Divisions deal with clean energy supplement (Part A) and

clean energy supplement (Part B).

Schedule 3 Other amendments

Part 4 Social security and veterans' entitlements supplements

24 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

Part 4

--Social security and veterans' entitlements

supplements

Division 1

Instalments of quarterly supplements

Social Security (Administration) Act 1999

68 Subsection 48B(2)

Omit "on or after the first seniors supplement test day (the current test

day) that follows a day on which the person is qualified for seniors

supplement", substitute "after the end of an instalment period".

69 Paragraph 48B(3)(a)

Omit "during the test period on which the person was qualified for

seniors supplement", substitute "in the instalment period".

70 Subsection 48B(4)

Repeal the subsection, substitute:

(4) In this section:

instalment period means a period:

(a) in relation to each day of which seniors supplement is

payable to the person; and

Note:

For when seniors supplement is payable to the person, see

section 1061UA of the 1991 Act.

(b) that either begins on any 20 March, 20 June, 20 September or

20 December or does not include any such day; and

19 December or does not include any such day; and

(d) that is not included in a longer instalment period.

71 Subsection 48C(2)

Omit "on or after the first supplement test day (the current test day) that

follows a day on which an election by the person under

subsection 1061VA(1) is in force", substitute "after the end of an

instalment period".

72 Subsection 48C(3)

Other amendments Schedule 3

Social security and veterans' entitlements supplements Part 4

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 25

Omit "during the test period for which an election by the person under

subsection 1061VA(1) is in force", substitute "in the instalment period".

73 Subsection 48C(4)

Repeal the subsection, substitute:

(4) In this section:

instalment period means a period:

(a) in relation to each day of which quarterly pension supplement

is payable to the person; and

Note:

For when quarterly pension supplement is payable to the person,

see section 1061VA of the 1991 Act.

(b) that either begins on any 20 March, 20 June, 20 September or

20 December or does not include any such day; and

19 December or does not include any such day; and

(d) that is not included in a longer instalment period.

74 Subsection 48D(2)

Omit "on or after the first supplement test day (the current test day) that

follows a day for which quarterly clean energy supplement is payable to

the person", substitute "after the end of an instalment period".

75 Paragraph 48D(3)(a)

Omit "during the test period for which quarterly clean energy

supplement is payable to the person", substitute "in the instalment

period".

76 Subsection 48D(4)

Repeal the subsection, substitute:

(4) In this section:

instalment period means a period:

(a) for each day of which quarterly clean energy supplement is

payable to the person; and

Note:

For when quarterly clean energy supplement is payable to the

person, see section 915 of the 1991 Act.

(b) that either begins on any 20 March, 20 June, 20 September or

20 December or does not include any such day; and

Schedule 3 Other amendments

Part 4 Social security and veterans' entitlements supplements

26 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

19 December or does not include any such day; and

(d) that is not included in a longer instalment period.

Veterans' Entitlements Act 1986

77 Subsection 60C(2)

Omit "on or after the first supplement test day (the current test day) that

follows a day on which an election by the person under

subsection 60A(1) is in force", substitute "after the end of an instalment

period".

78 Subsection 60C(3)

Omit "during the test period for which an election by the person under

subsection 60A(1) is in force", substitute "in the instalment period".

79 Subsection 60C(5)

Repeal the subsection, substitute:

(5) In this section:

instalment period means a period:

(a) in relation to each day of which quarterly pension supplement

is payable to the person; and

Note:

For when quarterly pension supplement is payable to the person,

see section 60A.

(b) that either begins on any 20 March, 20 June, 20 September or

20 December or does not include any such day; and

19 December or does not include any such day; and

(d) that is not included in a longer instalment period.

80 Subsection 62D(3)

Repeal the subsection, substitute:

Quarterly payment

(3) An instalment of the clean energy supplement is to be paid to the

person as soon as is reasonably practicable after the end of an

instalment period.

Other amendments Schedule 3

Social security and veterans' entitlements supplements Part 4

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 27

81 Subsection 62D(4)

Omit "that period on which the election was in force", substitute "the

instalment period".

82 At the end of section 62D

Add:

(5) In this section:

instalment period means a period:

(a) on each day of which the election is in force; and

(b) that either begins on any 20 March, 20 June, 20 September or

20 December or does not include any such day; and

19 December or does not include any such day; and

(d) that is not included in a longer instalment period.

83 Subsection 62E(2)

Repeal the subsection, substitute:

(2) An instalment of quarterly clean energy supplement is to be paid to

the person as soon as is reasonably practicable after the end of an

instalment period.

84 Subsection 62E(3)

Omit "that period on which the election was in force", substitute "the

instalment period".

85 After subsection 62E(4)

Insert:

(4A) In this section:

instalment period means a period:

(a) for each day of which quarterly clean energy supplement for

service pension that the person is receiving is payable to the

person; and

(b) that either begins on any 20 March, 20 June, 20 September or

20 December or does not include any such day; and

19 December or does not include any such day; and

Schedule 3 Other amendments

Part 4 Social security and veterans' entitlements supplements

28 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

(d) that is not included in a longer instalment period.

86 Subsection 118PC(2)

Omit "on or after the first seniors supplement test day (the current test

day) that follows a day on which the person is eligible for seniors

supplement", substitute "after the end of an instalment period".

87 Paragraph 118PC(3)(a)

Omit "during the test period on which the person was qualified for

seniors supplement", substitute "in the instalment period".

88 Subsection 118PC(4)

Repeal the subsection, substitute:

(4) In this section:

instalment period means a period:

(a) in relation to each day of which seniors supplement is

payable to the person; and

Note:

For when seniors supplement is payable to the person, see

section 118PA.

(b) that either begins on any 20 March, 20 June, 20 September or

20 December or does not include any such day; and

19 December or does not include any such day; and

(d) that is not included in a longer instalment period.

Division 2

Interactions with quarterly clean energy

supplement

Social Security Act 1991

89 Subsection 1210(1) (at the end of note 1)

Add "See also subsection (2A).".

90 After subsection 1210(2)

Insert:

(2A) If:

(a) quarterly clean energy supplement is payable to a person; and

Other amendments Schedule 3

Social security and veterans' entitlements supplements Part 4

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 29

(b) if quarterly clean energy supplement were not payable to the

person:

(i) the rate (the main rate) of the person's social security

payment would be increased under the CE Module of

the Rate Calculator; and

(ii) the main rate would be reduced as described in

paragraph (1)(b); and

(i) is not a social security pension; or

(ii) is a disability support pension to which

subsection 1066A(1) or 1066B(1) applies; or

(iii) if the person has not reached pension age--is a pension

PP (single);

the reduction is to be applied to the components mentioned in

items 5 and 6 of the table in subsection (1) only to the extent that

the amount of the reduction (after it is applied to the components

mentioned in items 1 to 4) exceeds the amount of the increase

mentioned in subparagraph (b)(i) of this subsection.

91 Subsection 1210(3A) (note)

Omit "person's quarterly clean energy supplement is", substitute "main

rate would be".

Social Security (Administration) Act 1999

92 Paragraph 43(4)(a)

Omit "(other than a social security pension)".

93 After paragraph 43(4)(a)

Insert:

(aa) the social security payment:

(i) is not a social security pension; or

(ii) is a disability support pension to which

subsection 1066A(1) or 1066B(1) of the 1991 Act

applies; or

(iii) if the person has not reached pension age on the day--is

a pension PP (single); and

94 After paragraph 43(5AA)(a)

Schedule 3 Other amendments

Part 4 Social security and veterans' entitlements supplements

30 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

Insert:

(aa) the social security pension:

(i) is not a disability support pension to which

subsection 1066A(1) or 1066B(1) of the 1991 Act

applies; and

(ii) if the person has not reached pension age on the day--is

not a pension PP (single); and

95 Paragraphs 43(5B)(b) and (c)

Repeal the paragraphs, substitute:

(b) the social security payment to which the quarterly clean

energy supplement relates:

(i) is a social security pension; and

(ii) is not a disability support pension to which

subsection 1066A(1) or 1066B(1) of the 1991 Act

applies; and

(iii) if the person has not reached pension age on the day--is

not a pension PP (single); and

person's quarterly clean energy supplement that corresponds

to that day would be reduced under subsection 1210(3A) of

the 1991 Act; and

(d) the reduction of the main rate mentioned in

subparagraph 1210(3A)(b)(ii) would not be to a nil amount;

Veterans' Entitlements Act 1986

96 Paragraph 62E(6)(b)

Repeal the paragraph, substitute:

(b) apart from this subsection, the portion of the instalment of the

person's quarterly clean energy supplement that corresponds

to that day would be reduced under subclause 4(5) of

Schedule 6; and

would not be to a nil amount;

97 Subclause 4(5) of Schedule 6 (note)

Omit "person's quarterly clean energy supplement is", substitute "main

rate would be".

Other amendments Schedule 3

Social security and veterans' entitlements supplements Part 4

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 31

Division 3

Other minimum daily rate amendments

Social Security (Administration) Act 1999

98 Paragraph 43(4)(a)

Omit "of the following amounts (an added amount) is", substitute "or

both of the following amounts (the added amounts) are".

99 Paragraph 43(4)(b)

Repeal the paragraph, substitute:

(b) if an added amount is a pension supplement amount used by

the Rate Calculator to produce an annual rate--the total of

the added amounts is more than the person's pension

supplement basic amount; and

100 Subsection 43(5) (definition of minimum daily rate)

Repeal the definition, substitute:

minimum daily rate, for a person, means:

(a) if an amount of pharmaceutical allowance is an added

amount:

(i) if the Rate Calculator for the social security payment

produces a fortnightly rate--

of that amount; or

(ii) if the Rate Calculator for the social security payment

produces an annual rate--

364

of that amount; or

(b) if a pension supplement amount is the only added amount--

364

of the person's minimum pension supplement amount.

Schedule 3 Other amendments

Part 5 Dad and partner pay

32 Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013

Part 5

Dad and partner pay

Paid Parental Leave Act 2010

101 After Division 3 of Part 6-1

Insert:

Division 3A--How this Act applies to claims for dad and

partner pay made in prescribed circumstances

277A How this Act applies to claims for dad and partner pay made

in prescribed circumstances

(1) This section applies to a claim for dad and partner pay that is made

in circumstances prescribed by the PPL rules as being

circumstances in which this section applies.

(2) This Act (other than subsection 18(3), which deals with birth

registration) applies in relation to the claim as if:

(a) a reference to the birth of a child were a reference to the

earlier of:

(i) the claimant beginning to care for the child; and

(ii) the claimant's partner (if any) beginning to care for the

child; and

(b) a reference to the day the child was born were a reference to

the earlier of:

(i) the day the claimant began to care for the child; and

(ii) the day the claimant's partner (if any) began to care for

the child; and

reference to the earlier of:

(i) the day the claimant expects to begin to care for the

child; and

(ii) the day the claimant's partner (if any) expects to begin

to care for the child; and

(d) a reference to a child's first birthday were a reference to the

first anniversary of the earlier of:

(i) the day the claimant began to care for the child; and

Other amendments Schedule 3

Dad and partner pay Part 5

Family Assistance and Other Legislation Amendment Bill 2013 No. , 2013 33

(ii) the day the claimant's partner (if any) began to care for

the child; and

(e) a reference to a completed birth verification form for a child

were a reference to information required by the Secretary

about the earlier of:

(i) the claimant beginning to care for the child; and

(ii) the claimant's partner (if any) beginning to care for the

child; and

(f) a reference to a child being born during the same multiple

birth were a reference to:

(i) unless subparagraph (ii) applies--the claimant

beginning to care for the child at the same time as

beginning to care for another child; or

(ii) if the claimant's partner (if any) begins to care for the

child before the claimant--the claimant's partner

beginning to care for the child at the same time as

beginning to care for another child.

(3) This section does not limit Division 2 of this Part (which deals with

how this Act applies to an adopted child).

Note:

Not all circumstances to which paragraph 115DD(d) applies must be

prescribed as being circumstances in which this section applies. For

example, the adoption of a child could be prescribed for the purposes

of that paragraph but not for the purposes of this section, in which

case section 275 (which deals with how this Act applies to an adopted

child) would apply.

102 Application provision

The amendment made by this Part applies to claims for dad and partner

pay made on or after the commencement of this item.

Commonwealth of Australia Bills

FAMILY ASSISTANCE AND OTHER LEGISLATION AMENDMENT BILL 2013