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This is a Bill, not an Act. For current law, see the Acts databases.


FAMILY AND COMMUNITY SERVICES AND VETERANS' AFFAIRS LEGISLATION AMENDMENT (FURTHER 2004 ELECTION COMMITMENTS AND OTHER MEASURES) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Family and Community Services and
Veterans' Affairs Legislation
Amendment (Further 2004 Election
Commitments and Other Measures) Bill
2005
No. , 2005
(Family and Community Services)
A Bill for an Act to amend the law relating to social
security, veterans' entitlements and family
assistance, and for related purposes
i Family and Community Services and Veterans' Affairs Legislation Amendment (Further
2004 Election Commitments and Other Measures) Bill 2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--FTB Part B supplement
3
A New Tax System (Family Assistance) Act 1999
3
A New Tax System (Family Assistance) (Administration) Act 1999
6
Schedule 2--Child income cut-out amount
7
A New Tax System (Family Assistance) Act 1999
7
Schedule 3--Accommodation bonds
9
Part 1--Amendment of the Social Security Act 1991
9
Part 2--Amendment of the Veterans' Entitlements Act 1986
12
Family and Community Services and Veterans' Affairs Legislation Amendment (Further 2004
Election Commitments and Other Measures) Bill 2005 No. , 2005 1
A Bill for an Act to amend the law relating to social
1
security, veterans' entitlements and family
2
assistance, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Family and Community Services and
6
Veterans' Affairs Legislation Amendment (Further 2004 Election
7
Commitments and Other Measures) Act 2005.
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 and Community Services and Veterans' Affairs Legislation Amendment (Further
2004 Election Commitments and Other Measures) Bill 2005 No. , 2005
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 on which this Act receives the
Royal Assent.
2. Schedule 1
1 January 2005.
1 January 2005
3. Schedule 2
1 July 2005.
1 July 2005
4. Schedule 3
The day on which this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
passed by the Parliament and assented to. It will not be expanded to
3
deal with provisions inserted in this Act after assent.
4
(2) Column 3 of the table contains additional information that is not
5
part of this Act. Information in this column may be added to or
6
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
FTB Part B supplement Schedule 1
Family and Community Services and Veterans' Affairs Legislation Amendment (Further 2004
Election Commitments and Other Measures) Bill 2005 No. , 2005 3
1
Schedule 1--FTB Part B supplement
2
3
A New Tax System (Family Assistance) Act 1999
4
1 Subclauses 29(1) and (2) of Schedule 1
5
Repeal the subclauses, substitute:
6
(1) The individual's Part B rate is the amount worked out by adding
7
the following amounts if the individual is not a member of a
8
couple:
9
(a) the individual's standard rate under Division 2 (clauses 30
10
and 31);
11
(b) the individual's FTB Part B supplement under Division 2A
12
(clause 31A).
13
(2) The individual's Part B rate is worked out using the following
14
method statement if the individual is a member of a couple:
15
Method statement
16
Step 1.
Add the following amounts:
17
(a)
the individual's standard rate under Division 2
18
(clauses 30 and 31);
19
(b)
the individual's FTB Part B supplement under
20
Division 2A (clause 31A).
21
The result is the individual's maximum rate.
22
Step 2.
Work out the individual's reduction for adjusted taxable
23
income using Division 3 (clauses 32 and 33).
24
Step 3.
The individual's Part B rate is the maximum rate less the
25
reduction for adjusted taxable income.
26
2 Subclause 29(3) of Schedule 1
27
Omit "standard rate", substitute "Part B rate".
28
Schedule 1 FTB Part B supplement
4 Family and Community Services and Veterans' Affairs Legislation Amendment (Further
2004 Election Commitments and Other Measures) Bill 2005 No. , 2005
3 After Division 2 of Part 4 of Schedule 1
1
Insert:
2
Division 2A--FTB Part B supplement
3
31A Rate of FTB Part B supplement
4
(1) The amount of the FTB Part B supplement to be added in working
5
out an individual's Part B rate under clause 29 is:
6
(a) if the individual has one FTB child, or more than one FTB
7
child, and that child, or at least one of those children, is not
8
covered by a determination under subsection 59(1)--the FTB
9
(B) gross supplement amount; or
10
(b) if the individual has only one FTB child and the Secretary
11
has determined under subsection 59(1) the percentage that is
12
to be the individual's percentage of family tax benefit for that
13
child--that percentage of the FTB (B) gross supplement
14
amount; or
15
(c) if the individual has more than one FTB child and the
16
Secretary has determined under subsection 59(1) a
17
percentage for each of those children that is to be the
18
individual's percentage of family tax benefit for each of those
19
children--the highest of those percentages of the FTB (B)
20
gross supplement amount.
21
(2) For the purposes of subclause (1), the FTB (B) gross supplement
22
amount is $302.95.
23
(3) To avoid doubt, when the FTB (B) gross supplement amount is
24
indexed on a 1 July under Part 2 of Schedule 4, the amount, as it
25
stood before that indexation, continues to apply in working out an
26
individual's Part B rate under clause 29 for the income year ending
27
just before that 1 July.
28
4 Clause 2 of Schedule 4 (after table item 9)
29
Insert:
30
9A
FTB (B) gross supplement
amount for family tax
benefit (Part B)
FTB gross supplement
amount (B)
[Schedule 1--
subclause 31A(2)]
5 Subclause 3(1) of Schedule 4 (after table item 9)
31
FTB Part B supplement Schedule 1
Family and Community Services and Veterans' Affairs Legislation Amendment (Further 2004
Election Commitments and Other Measures) Bill 2005 No. , 2005 5
Insert:
1
9A
FTB gross
supplement
amount (B)
1 July
December
highest
December
quarter
before
reference
quarter (but
not earlier
than
December
quarter
2004)
$3.65
6 At the end of clause 3 of Schedule 4
2
Add:
3
Indexation of FTB gross supplement amount (B) for 2006-2007
4
income year and later income years
5
(3) The first indexation under subclause (1) of the FTB gross
6
supplement amount (B), after the indexation of that amount under
7
clause 3A, is to take place on 1 July 2006.
8
7 After clause 3 of Schedule 4
9
Insert:
10
3A One-off 6-month indexation of FTB gross supplement amount
11
(B) for 2005-2006 income year
12
The FTB gross supplement amount (B) is to be indexed under this
13
Part on the indexation day, using the reference quarter, base quarter
14
and indexation day and rounding off to the nearest multiple of the
15
rounding base, where:
16
base quarter means June quarter 2004.
17
indexation day means 1 July 2005.
18
reference quarter means December quarter 2004.
19
rounding base means $3.65.
20
Schedule 1 FTB Part B supplement
6 Family and Community Services and Veterans' Affairs Legislation Amendment (Further
2004 Election Commitments and Other Measures) Bill 2005 No. , 2005
A New Tax System (Family Assistance) (Administration) Act
1
1999
2
8 After paragraph 32A(2)(b)
3
Insert:
4
(ba) paragraph 29(1)(b) of Schedule 1 to the Family Assistance
5
Act;
6
(bb) paragraph (b) of step 1 of the method statement in subclause
7
29(2) of Schedule 1 to the Family Assistance Act;
8
(bc) subclause 31A(1) of Schedule 1 to the Family Assistance
9
Act;
10
Note:
The heading to section 32A is altered by inserting "and FTB Part B supplement" after
11
"Part A supplement".
12
9 After subparagraph 105A(2)(a)(ii)
13
Insert:
14
(iia) paragraph 29(1)(b) of Schedule 1 to the Family
15
Assistance Act;
16
(iib) paragraph (b) of step 1 of the method statement in
17
subclause 29(2) of Schedule 1 to the Family Assistance
18
Act;
19
(iic) subclause 31A(1) of Schedule 1 to the Family
20
Assistance Act;
21
Note:
The heading to section 105A is altered by adding at the end "or FTB Part B
22
supplement".
23
10 Application of amendments
24
(1)
The amendments made by items 1, 2, 3, 8 and 9 of this Schedule apply
25
in relation to FTB Part B supplement included, on or after 1 January
26
2005, in family tax benefit for the 2004-2005 income year or a later
27
income year.
28
(2)
The amendments made by items 4 and 7 of this Schedule apply in
29
relation to family tax benefit for the 2005-2006 income year.
30
(3)
The amendments made by items 4, 5 and 6 of this Schedule apply in
31
relation to family tax benefit for the 2006-2007 income year or a later
32
income year.
33
Child income cut-out amount Schedule 2
Family and Community Services and Veterans' Affairs Legislation Amendment (Further 2004
Election Commitments and Other Measures) Bill 2005 No. , 2005 7
1
Schedule 2--Child income cut-out amount
2
3
A New Tax System (Family Assistance) Act 1999
4
1 Subsection 22A(2) (definition of cut-out amount)
5
Repeal the definition, substitute:
6
cut-out amount means $11,233.
7
2 Subsection 35(3) (definition of cut-out amount)
8
Repeal the definition, substitute:
9
cut-out amount means $11,233.
10
3 Clause 2 of Schedule 4 (after table item 14)
11
Insert:
12
14A
Child income cut-out
amount
cut-out amount
[subsections 22A(2)
and 35(3)]
4 Subclause 3(1) of Schedule 4 (after table item 14)
13
Insert:
14
14A
cut-out
amount
1 July
December
highest
December
quarter
before
reference
quarter (but
not earlier
than
December
quarter
2004)
$1.00
5 At the end of clause 3 of Schedule 4
15
Add:
16
Schedule 2 Child income cut-out amount
8 Family and Community Services and Veterans' Affairs Legislation Amendment (Further
2004 Election Commitments and Other Measures) Bill 2005 No. , 2005
Indexation of cut-out amount for 2006-2007 income year and later
1
income years
2
(4) The first indexation under subclause (1) of the cut-out amount is to
3
take place on 1 July 2006.
4
6 Application of amendments
5
(1)
The amendments made by items 1 and 2 of this Schedule apply in
6
relation to family tax benefit for the 2005-2006 income year or a later
7
income year.
8
(2)
The amendments made by items 3, 4 and 5 of this Schedule apply in
9
relation to family tax benefit for the 2006-2007 income year or a later
10
income year.
11
Accommodation bonds Schedule 3
Amendment of the Social Security Act 1991 Part 1
Family and Community Services and Veterans' Affairs Legislation Amendment (Further 2004
Election Commitments and Other Measures) Bill 2005 No. , 2005 9
1
Schedule 3--Accommodation bonds
2
Part 1--Amendment of the Social Security Act 1991
3
1 After paragraph 8(8)(zn)
4
Insert:
5
(zna) while a person is liable to pay all or some of an
6
accommodation bond by periodic payments--any rent from
7
the person's principal home that the person, or the person's
8
partner, earns, derives or receives from another person;
9
2 Subsection 11(1) (definition of exempt assets)
10
Omit "any of paragraphs 1118(1)(a) to (s)", substitute "subsection
11
1118(1)".
12
3 Subsection 11(3B)
13
Omit "For the purposes of this Act,", substitute "To avoid doubt,".
14
4 After paragraph 11(6A)(a)
15
Insert:
16
(aa) if the Secretary is satisfied that the residence was previously
17
the person's principal home but that the person left it for the
18
purpose of going into a care situation--any period during
19
which:
20
(i) the person is liable to pay all or some of an
21
accommodation bond by periodic payments (or would
22
be liable to do so, assuming that no sanctions under
23
Part 4.4 of the Aged Care Act 1997 were currently being
24
imposed on the provider of the care concerned); and
25
(ii) the person, or the person's partner, is earning, deriving
26
or receiving rent for the residence from another person;
27
and
28
5 Paragraph 11(6A)(b)
29
After "(a)", insert "or (aa)".
30
6 Paragraphs 1118(1)(a) and (b)
31
Repeal the paragraphs, substitute:
32
Schedule 3 Accommodation bonds
Part 1 Amendment of the Social Security Act 1991
10 Family and Community Services and Veterans' Affairs Legislation Amendment (Further
2004 Election Commitments and Other Measures) Bill 2005 No. , 2005
(a) if the person is not a member of a couple--the value of any
1
right or interest of the person in the person's principal home
2
that is a right or interest that gives the person reasonable
3
security of tenure in the home;
4
(b) if the person is a member of a couple--the value of any right
5
or interest of the person in one residence that is the principal
6
home of the person, of the person's partner or of both of
7
them that is a right or interest that gives the person or the
8
person's partner reasonable security of tenure in the home;
9
7 At the end of subsection 1118(1)
10
Add:
11
; (u) the amount of any accommodation bond balance in respect of
12
an accommodation bond paid by the person.
13
8 Application provision
14
The amendments made by this Part apply in respect of accommodation
15
bonds in calculating the value of a person's assets on or after the later
16
of:
17
(a) the day on which this Act receives the Royal Assent; and
18
(b) 1 July 2005;
19
(irrespective of when a bond was paid).
20
9 Transitional provision
21
(1)
If:
22
(a) either:
23
(i) a person makes a claim for a social security payment
24
between 1 July 2005 and 30 September 2005
25
(inclusive); or
26
(ii) the Secretary determines under subitem (2) that this
27
subitem should apply in respect of a person; and
28
(b) the social security payment first becomes payable to the
29
person because of the amendments made by this Part;
30
the person's start day in relation to the social security payment is the
31
later of:
32
(c) 1 July 2005; and
33
(d) the day on which the social security payment first becomes
34
payable.
35
Accommodation bonds Schedule 3
Amendment of the Social Security Act 1991 Part 1
Family and Community Services and Veterans' Affairs Legislation Amendment (Further 2004
Election Commitments and Other Measures) Bill 2005 No. , 2005 11
(2)
The Secretary may determine in writing that subitem (1) should apply in
1
respect of a person if:
2
(a) the person makes a claim for a social security payment
3
between 1 October 2005 and 30 June 2006 (inclusive); and
4
(b) the Secretary is satisfied that special circumstances apply in
5
respect of the person.
6
(3)
A determination under subitem (2) is not a legislative instrument.
7
Schedule 3 Accommodation bonds
Part 2 Amendment of the Veterans' Entitlements Act 1986
12 Family and Community Services and Veterans' Affairs Legislation Amendment (Further
2004 Election Commitments and Other Measures) Bill 2005 No. , 2005
1
Part 2--Amendment of the Veterans' Entitlements
2
Act 1986
3
10 After paragraph 5H(8)(nc)
4
Insert:
5
(nd) while a person is liable to pay all or some of an
6
accommodation bond by periodic payments--any rent from
7
the person's principal home that the person, or the person's
8
partner, earns, derives or receives from another person;
9
11 Subsection 5L(3B)
10
Omit "For the purposes of this Act,", substitute "To avoid doubt,".
11
12 After paragraph 5L(6A)(a)
12
Insert:
13
(aa) if the Commission is satisfied that the residence was
14
previously the person's principal home but that the person
15
left it for the purpose of going into a care situation or
16
becoming an aged care resident--any period during which:
17
(i) the person is liable to pay all or some of an
18
accommodation bond by periodic payments (or would
19
be liable to do so, assuming that no sanctions under
20
Part 4.4 of the Aged Care Act 1997 were currently being
21
imposed on the provider of the care concerned); and
22
(ii) the person, or the person's partner, is earning, deriving
23
or receiving rent for the residence from another person;
24
and
25
13 Paragraph 5L(6A)(b)
26
After "(a)", insert "or (aa)".
27
14 Subsection 5L(6A) (note 1)
28
Omit "Accommodation charge has", substitute "Accommodation
29
charge and accommodation bond have".
30
15 Subsection 5L(6A) (at the end of note 4)
31
Accommodation bonds Schedule 3
Amendment of the Veterans' Entitlements Act 1986 Part 2
Family and Community Services and Veterans' Affairs Legislation Amendment (Further 2004
Election Commitments and Other Measures) Bill 2005 No. , 2005 13
Add "For rules about accommodation bonds, see Division 57 of the
1
Aged Care Act 1997.".
2
16 Paragraph 52(1)(o)
3
Omit "payment.", substitute "payment;".
4
17 At the end of subsection 52(1) (after the note)
5
Add:
6
(p) the amount of any accommodation bond balance in respect of
7
an accommodation bond paid by the person.
8
18 Application provision
9
The amendments made by this Part apply in respect of accommodation
10
bonds in calculating the value of a person's assets on or after the later
11
of:
12
(a) the day on which this Act receives the Royal Assent; and
13
(b) 1 July 2005;
14
(irrespective of when a bond was paid).
15
19 Transitional provision
16
(1)
If:
17
(a) either:
18
(i) a person makes a claim for a service pension or an
19
income support supplement under the Veterans'
20
Entitlements Act 1986 between 1 July 2005 and
21
30 September 2005 (inclusive); or
22
(ii) the Commission determines under subitem (2) that this
23
subitem should apply in respect of a person; and
24
(b) the pension or supplement first becomes payable to the
25
person because of the amendments made by this Part;
26
the pension or supplement is payable from the later of:
27
(c) 1 July 2005; and
28
(d) the day on which the pension or supplement first becomes
29
payable to the person.
30
(2)
The Commission may determine in writing that subitem (1) should
31
apply in respect of a person if:
32
Schedule 3 Accommodation bonds
Part 2 Amendment of the Veterans' Entitlements Act 1986
14 Family and Community Services and Veterans' Affairs Legislation Amendment (Further
2004 Election Commitments and Other Measures) Bill 2005 No. , 2005
(a) the person makes a claim for a service pension or an income
1
support supplement under the Veterans' Entitlements Act
2
1986 between 1 October 2005 and 30 June 2006 (inclusive);
3
and
4
(b) the Commission is satisfied that special circumstances apply
5
in respect of the person.
6
(3)
A determination under subitem (2) is not a legislative instrument.
7

 


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