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

FAMILY AND COMMUNITY SERVICES LEGISLATION AMENDMENT (WELFARE TO WORK) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Family and Community Services
Legislation Amendment (Welfare to
Work) Bill 2005
No. , 2005
(Family and Community Services)
A Bill for an Act to amend the law relating to
family and community services, and for related
purposes
Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005 No. ,
2005 ii
Contents
1 Short
title ...........................................................................................1
2 Commencement.................................................................................1
3 Schedule(s) ........................................................................................2
Schedule 1--Amendments relating to threshold for receiving
child care benefit
3
A New Tax System (Family Assistance) Act 1999
3
A New Tax System (Family Assistance) (Administration) Act 1999
3
Schedule 2--Amendments relating to work/training/study test
6
A New Tax System (Family Assistance) Act 1999
6
A New Tax System (Family Assistance) (Administration) Act 1999
9
Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005 No. ,
2005 1
A Bill for an Act to amend the law relating to
1
family and community services, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Family and Community Services
6
Legislation Amendment (Welfare to Work) Act 2005.
7
2 Commencement
8
This Act commences on the day on which it receives the Royal
9
Assent.
10
2 Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005
No. , 2005
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Amendments relating to threshold for receiving child care benefit Schedule 1
Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005 No. ,
2005 3
1
Schedule 1--Amendments relating to
2
threshold for receiving child care
3
benefit
4
5
A New Tax System (Family Assistance) Act 1999
6
1 Paragraph 53(1)(a)
7
Omit "20", substitute "24".
8
2 Paragraph 53(2)(a)
9
Omit "20", substitute "24".
10
3 Subsection 53(3)
11
Omit "20", substitute "24".
12
Note:
The heading to subsection 53(3) is altered by omitting "20" and substituting "24".
13
4 Subsection 54(8)
14
Omit "20", substitute "24".
15
5 Paragraph 54(9)(b)
16
Omit "20", substitute "24".
17
6 Subsection 54(10)
18
Omit "20", substitute "24".
19
7 Paragraph 54(12)(b)
20
Omit "20", substitute "24".
21
8 Paragraph 57A(1)(a)
22
Omit "20", substitute "24".
23
A New Tax System (Family Assistance) (Administration) Act
24
1999
25
9 Paragraph 50H(3)(b)
26
Omit "20", substitute "24".
27
Schedule 1 Amendments relating to threshold for receiving child care benefit
4 Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005
No. , 2005
10 Subsection 54C(1)
1
Omit "20", substitute "24".
2
11 Paragraph 56C(3)(b)
3
Omit "20", substitute "24".
4
12 Paragraph 56D(1)(c)
5
Omit "20", substitute "24".
6
13 Subsection 59F(1)
7
Omit "20", substitute "24".
8
14 Subsection 64D(2)
9
Omit "20", substitute "24".
10
Note 1: The heading to section 64D is altered by omitting "20" and substituting "24".
11
Note 2: The heading to subsection 64D(2) is altered by omitting "20" and substituting "24".
12
15 Paragraph 219B(3)(a)
13
Omit "20", substitute "24".
14
16 Transitional provision--claimants for whom there is an
15
existing 20-hour determination
16
(1) If:
17
(a) immediately before the start of the first week commencing
18
after 1 July 2006:
19
(i) a determination under subsection 50H(1) of the Family
20
Assistance Administration Act is in force; or
21
(ii) a determination of a weekly limit of hours is taken to
22
have been made under section 54C of that Act; and
23
(b) the determination is a determination that the weekly limit of
24
hours applicable to the claimant and the child referred to in
25
that subsection or section (as the case may be) is 20 hours;
26
on and from the start of the first week commencing after 1 July 2006,
27
the determination is taken to be a determination under that subsection or
28
section (as the case may be) that the weekly limit of hours applicable to
29
the claimant and the child is 24 hours.
30
Amendments relating to threshold for receiving child care benefit Schedule 1
Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005 No. ,
2005 5
(2)
If subitem (1) applies to a determination under subsection 50H(1) that is
1
in force, the Secretary must give notice to:
2
(a)
the
claimant;
and
3
(b) the approved child care service (within the meaning of the
4
Family Assistance Administration Act), or approved child
5
care services, that are, or will be, providing care to the child.
6
(3)
The notice must state that on and from the start of the first week
7
commencing after 1 July 2006, the weekly limit of hours applicable to
8
the claimant and the child is 24 hours.
9
(4)
A failure to comply with subitem (2) or (3), or both, does not affect the
10
validity of a determination to which subitem (1) applies.
11
(5)
Section 219A of the Family Assistance Administration Act applies in
12
relation to a notice under subitem (2) as if it were a notice of a kind
13
referred to in column 1 of table item 6 of the table in subsection
14
219A(2) of that Act.
15
17 Application
16
The amendments made by this Schedule apply to sessions of care
17
provided:
18
(a) during the first week commencing after 1 July 2006; and
19
(b) during subsequent weeks.
20
Schedule 2 Amendments relating to work/training/study test
6 Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005
No. , 2005
1
Schedule 2--Amendments relating to
2
work/training/study test
3
4
A New Tax System (Family Assistance) Act 1999
5
1 Subsection 3(1) (definition of paid work)
6
After "(other than in paragraph 15(1)(a)", insert "or section 17A".
7
2 Subsection 3B(1)
8
After "(other than in paragraph 15(1)(a)", insert "or section 17A".
9
3 Subsection 3B(1) (at the end of the note)
10
Add "and section 17A".
11
4 After subsection 14(1)
12
Insert:
13
(1A) However, for the purposes of section 54, the individual satisfies the
14
work/training/study test only if:
15
(a) the individual meets the activity requirements under
16
section 17A for the week; or
17
(b) the individual is not included in a class of individuals
18
specified in a determination under subsection (1C) and:
19
(i) paragraph 15(1)(b), 15(1)(c), 17(1)(a), 17(1)(b),
20
17(1)(c) or 17(1)(d) applies to the person; or
21
(ii) the individual is an individual in a class of individuals
22
specified in a determination under subsection 15(2); or
23
(iii) the individual is covered by a determination under
24
subsection (1B) or (2).
25
(1B) The Minister may, by legislative instrument, determine
26
circumstances in which individuals are not required to meet the
27
activity requirements under section 17A.
28
(1C) The Minister may, by legislative instrument, determine that one or
29
more of the classes of individuals specified in a determination
30
under subsection 15(2) are classes of individuals who must meet
31
the activity requirements under section 17A.
32
Amendments relating to work/training/study test Schedule 2
Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005 No. ,
2005 7
5 Section 16
1
Before "An individual", insert "(1)".
2
6 At the end of section 16
3
Add:
4
(2) For the purposes of subsection (1), if an individual is undertaking a
5
training course then the individual is taken to be doing so even if
6
the individual is not required to participate in any activity for the
7
course (for example, because of a vacation break in the course).
8
7 Section 17
9
Before "An individual", insert "(1)".
10
8 At the end of section 17
11
Add:
12
(2) For the purposes of subsection (1), if an individual is undertaking
13
an education course then the individual is taken to be doing so even
14
if the individual is not required to participate in any activity for the
15
course (for example, because of a vacation break in the course).
16
9 After section 17
17
Insert:
18
17A Activity requirements for claims for child care benefit for care
19
provided by approved child care service
20
(1) An individual who has claimed child care benefit for care provided
21
by an approved child care service during a week meets the activity
22
requirements for a week if:
23
(a) during the week, the individual has engaged in one or more
24
of the following activities:
25
(i) paid work (whether or not the individual performs the
26
work as an employee);
27
(ii) a training course undertaken for the purpose of
28
improving his or her work skills and/or employment
29
prospects;
30
Schedule 2 Amendments relating to work/training/study test
8 Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005
No. , 2005
(iii) a course of education undertaken for the purpose of
1
improving his or her work skills and/or employment
2
prospects;
3
(iv) any other activity that the Minister determines under
4
subsection (2); and
5
(b) the sum of the number of hours that the individual spends
6
during the week doing those activities:
7
(i) is at least 15; or
8
(ii) if subparagraph (i) does not apply--is, when added to
9
the sum of the number of hours that the individual
10
spends during the immediately preceding week doing
11
those activities, at least 30; or
12
(iii) if neither subparagraph (i) nor (ii) applies--is, when
13
added to the sum of the number of hours that the
14
individual spends during the immediately following
15
week doing those activities, at least 30.
16
(2) The Minister may, by legislative instrument, determine activities
17
that count towards meeting the activity requirements under this
18
section.
19
(3) A determination under subsection (2) may determine that specified
20
kinds of leave are activities that count towards meeting the activity
21
requirements under this section.
22
(4) If, in determining whether an individual has met the activity
23
requirements for a week, hours that the individual spends during
24
another week doing the activities mentioned in paragraph (1)(a) are
25
counted, then no hours spent during that other week are to be
26
counted in determining whether the individual has met the activity
27
requirements for a third week.
28
(5)
If:
29
(a) an individual is in paid work; and
30
(b) the individual is taking leave of a kind specified in a
31
determination under subsection (2);
32
then, the individual is taken to have engaged in paid work for the
33
number of hours that the individual would have spent doing the
34
paid work if the individual did not take the leave.
35
10 Paragraph 52(4)(a)
36
Amendments relating to work/training/study test Schedule 2
Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005 No. ,
2005 9
Before "section 59F", insert "subsection 59(2) or".
1
11 Subsection 54(2)
2
Omit "work/training/study test at some time in the week.", substitute:
3
work/training/study test:
4
(a) if subsection 14(1A) requires the claimant to meet the
5
activity requirements under section 17A--for the week; or
6
(b) in any other case--at some time in the week.
7
12 At the end of subsection 54(2)
8
Add:
9
Note:
Subsection 14(1A) specifies extra requirements for satisfying the
10
work/training/study test for the purposes of this section.
11
13 Paragraph 54(3)(b)
12
Repeal the paragraph, substitute:
13
(b) the individual, and the individual's partner (if any), satisfy
14
the work/training/study test:
15
(i) if subsection 14(1A) requires the claimant to meet the
16
activity requirements under section 17A--for the week;
17
or
18
(ii) in any other case--at some time in the week.
19
14 At the end of subsection 54(3)
20
Add:
21
Note:
Subsection 14(1A) specifies extra requirements for satisfying the
22
work/training/study test for the purposes of this section.
23
A New Tax System (Family Assistance) (Administration) Act
24
1999
25
15 Section 57F
26
Before "If a determination of conditional eligibility", insert "(1)".
27
16 At the end of section 57F
28
Add:
29
(2) To avoid doubt, the Secretary may, before the start of the first
30
week commencing after 1 July 2006, give a notice under
31
Schedule 2 Amendments relating to work/training/study test
10 Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005
No. , 2005
subsection (1) requiring the claimant to give the Secretary
1
information about whether or not the claimant will satisfy the
2
work/training/study test on or after the start of the first week
3
commencing after 1 July 2006.
4
Note: The
Family and Community Services Legislation Amendment (Welfare
5
to Work) Act 2005 amends the work/training/study test and applies
6
from the start of the first week commencing after 1 July 2006.
7
17 Section 59
8
Before "If:", insert "(1)".
9
18 At the end of section 59
10
Add:
11
(2) Without limiting subsection (1), if:
12
(a) determinations of conditional eligibility under section 50F
13
and of a weekly limit of hours under section 50H are in force
14
in respect of a claimant who is an individual; and
15
(b) the Secretary makes a request under section 57F in respect of
16
a data verification form referred to in that section; and
17
(c) the request is a request for information of the kind described
18
in subsection 57F(2); and
19
(d) the form is not returned in the time specified in the request;
20
the Secretary may vary the determination of a weekly limit of
21
hours with the effect that, on and from the start of the first week
22
commencing after 1 July 2006, the limit is 24 hours.
23
Consequence of Secretary later becoming aware of the information
24
(3)
If:
25
(a) under subsection (2), the Secretary varies the determination;
26
and
27
(b) before the end of the income year following the one in which
28
the variation took effect:
29
(i) the claimant returns the data verification form specified
30
in the request under section 57F and provides the
31
information mentioned in paragraph (2)(c); or
32
(ii) the Secretary finds out the information (whether from
33
the claimant or someone else);
34
the Secretary must vary the determination to undo the effect
35
mentioned in subsection (2).
36
Amendments relating to work/training/study test Schedule 2
Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005 No. ,
2005 11
19 Paragraph 62D(a)
1
After "62CA", insert "or under subsection 59(2)".
2
20 Paragraph 64A(5)(a)
3
After "in force", insert "under subsection 59(2) or".
4
Note:
The heading to subsection 64A(5) is altered by omitting "Section 59F and 62C
5
variations" and substituting "Variations under subsection 59(2), section 59F and
6
section 62C".
7
21 Paragraph 64A(5)(b)
8
After "the variation" (first occurring), insert "under subsection 59(2)
9
or".
10
22 Subsection 64A(5)
11
After "the variation" (third last occurring), insert "under subsection
12
59(2) or".
13
23 Paragraph 64B(6)(a)
14
After "in force", insert "under subsection 59(2) or".
15
Note:
The heading to subsection 64B(6) is altered by omitting "Section 59F and 62C
16
variations" and substituting "Variations under subsection 59(2), section 59F and
17
section 62C".
18
24 Paragraph 64B(6)(b)
19
After "the variation" (first occurring), insert "under subsection 59(2)
20
or".
21
25 Subsection 64B(6)
22
After "the variation" (third last occurring), insert "under subsection
23
59(2) or".
24
26 Paragraph 64C(5)(a)
25
After "in force", insert "under subsection 59(2) or".
26
Note:
The heading to subsection 64C(5) is altered by omitting "Section 59F and 62C
27
variations" and substituting "Variations under subsection 59(2), section 59F and
28
section 62C".
29
27 Paragraph 64C(5)(b)
30
After "the variation" (first occurring), insert "under subsection 59(2)
31
or".
32
Schedule 2 Amendments relating to work/training/study test
12 Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005
No. , 2005
28 Subsection 64C(5)
1
After "the variation" (second last occurring), insert "under subsection
2
59(2) or".
3
29 Paragraph 65D(4)(a)
4
After "in force", insert "under subsection 59(2) or".
5
Note:
The heading to subsection 65D(4) is altered by omitting "Section 59F and 62C
6
variations" and substituting "Variations under subsection 59(2), section 59F and
7
section 62C".
8
30 Paragraph 65D(4)(b)
9
After "the variation" (first occurring), insert "under subsection 59(2)
10
or".
11
31 Subsection 65D(4)
12
After "the variation" (second last occurring), insert "under subsection
13
59(2) or".
14
32 At the end of paragraph 157(2)(j)
15
Add:
16
; and (iii) the number of hours each week for which the person is
17
employed;
18
33 At the end of subsection 157(2)
19
Add:
20
(k) in relation to any other work (other than as an employee) that
21
the person does for the person given the notice and that is a
22
recognised work or work related commitment for the
23
purposes of the work/training/study test:
24
(i) the date on which the person's work started;
25
(ii) the date on which the person's work ended;
26
(iii) the number of hours each week for which the person
27
does the work;
28
(l) in relation to any training of the person by the person given
29
the notice:
30
(i) the name of the entity providing the training;
31
(ii) if the person is undertaking a training course--the name
32
of the training course;
33
(iii) the period required to complete the training;
34
Amendments relating to work/training/study test Schedule 2
Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005 No. ,
2005 13
(iv) the date on which the person's training started;
1
(v) the date on which the person's training ended;
2
(vi) the number of hours each week for which the person
3
engages in the training.
4
34 Subsection 219A(2) (table item 6, column 1)
5
After "made under section", insert "59,".
6
35 Application
7
The amendments made by this Schedule apply to sessions of care
8
provided:
9
(a) during the first week commencing after 1 July 2006; and
10
(b) during subsequent weeks.
11

 

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