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


FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (BUDGET AND OTHER MEASURES) BILL 2011

2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Families, Housing, Community Services
and Indigenous Affairs and Other
Legislation Amendment (Budget and
Other Measures) Bill 2010
No. , 2010
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the law relating to
family assistance, social security, veterans' affairs,
Aboriginal land rights and the Indigenous Land
Corporation, and for related purposes
i Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Special disability trusts
3
Social Security Act 1991
3
Veterans' Entitlements Act 1986
5
Schedule 2--Residence required to qualify for disability
support pension
8
Social Security Act 1991
8
Schedule 3--Scheduling of land
10
Aboriginal Land Rights (Northern Territory) Act 1976
10
Schedule 4--Indigenous Land Corporation
12
Aboriginal and Torres Strait Islander Act 2005
12
Schedule 5--Family tax benefit
13
A New Tax System (Family Assistance) Act 1999
13
A New Tax System (Family Assistance) (Administration) Act 1999
15
Schedule 6--Pension reform measures
17
Social Security Act 1991
17
Veterans' Entitlements Act 1986
18
Schedule 7--Minor corrections
20
Social Security Act 1991
20
Social Security (Administration) Act 1999
20
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010 1
A Bill for an Act to amend the law relating to
1
family assistance, social security, veterans' affairs,
2
Aboriginal land rights and the Indigenous Land
3
Corporation, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Families, Housing, Community
7
Services and Indigenous Affairs and Other Legislation Amendment
8
(Budget and Other Measures) Act 2010.
9
2 Commencement
10
(1) Each provision of this Act specified in column 1 of the table
11
commences, or is taken to have commenced, in accordance with
12
2 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
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. Schedules 1
and 2
1 January 2011.
1 January 2011
3. Schedules 3
and 4
The day after this Act receives the Royal
Assent.
4. Schedules 5, 6
and 7
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in Column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
15
Special disability trusts Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010 3
Schedule 1--Special disability trusts
1
2
Social Security Act 1991
3
1 After paragraph 1209L(e)
4
Insert:
5
(ea) the trust expenditure requirements, if any (see
6
section 1209RA);
7
2 Paragraph 1209M(2)(c)
8
Repeal the paragraph, substitute:
9
(c) the beneficiary must have a disability as a result of which
10
either:
11
(i) he or she is not working, and has no likelihood of
12
working, for more than 7 hours a week for a wage that
13
is at or above the relevant minimum wage; or
14
(ii) he or she is working for wages set in accordance with
15
the program administered by the Commonwealth known
16
as the supported wage system.
17
3 Subsection 1209N(1)
18
Omit "sole", substitute "primary".
19
Note:
The heading to subsection 1209N(1) is altered by omitting "Sole" and substituting
20
"Primary".
21
4 Subsections 1209N(2), (3) and (4)
22
Repeal the subsections, substitute:
23
Other purposes
24
(2) The trust may have other purposes that are:
25
(a) both ancillary to the primary purpose and necessary or
26
desirable to facilitate the achievement of that purpose; or
27
(b) primarily for the benefit of the principal beneficiary.
28
Note 1:
A particular purpose may be covered by both of paragraphs (2)(a) and
29
(b).
30
Schedule 1 Special disability trusts
4 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010
Note 2:
The application of the income and assets of the trust for purposes
1
(other than the primary purpose) that are primarily for the benefit of
2
the principal beneficiary is dealt with by section 1209RA.
3
Guidelines relating to purposes
4
(3) If guidelines are made under subsection (4) then, for the purposes
5
of this section:
6
(a) the reasonable care and accommodation needs of a principal
7
beneficiary of a special disability trust must be decided in
8
accordance with the guidelines if they deal with those needs;
9
and
10
(b) purposes, other than the primary purpose of a special
11
disability trust, that are primarily for the benefit of the
12
principal beneficiary of a trust must be decided in accordance
13
with the guidelines if they deal with those other purposes.
14
(4) The Secretary may, by legislative instrument, make guidelines for
15
deciding either or both of the following for the purposes of this
16
section:
17
(a) what are, and what are not, reasonable care and
18
accommodation needs for beneficiaries of trusts;
19
(b) what are, and what are not, trusts' purposes, other than the
20
primary purpose described in subsection (1), that are
21
primarily for the benefit of beneficiaries of the trusts.
22
5 After section 1209R
23
Insert:
24
1209RA Trust expenditure requirements
25
Limit on expenditure for purposes other than primary purpose
26
(1)
If:
27
(a) a determination has been made under subsection (3); and
28
(b) the trust has one or more purposes, other than its primary
29
purpose described in subsection 1209N(1), that are primarily
30
for the benefit of the principal beneficiary;
31
the total value of the income and assets of the trust applied for
32
those other purposes in a financial year must not exceed the value
33
specified in the determination for that year.
34
Special disability trusts Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010 5
Instruments fixing limits and purposes to be taken into account
1
(2) If guidelines are made under paragraph 1209N(4)(b), the question
2
whether a purpose for which income and assets of a trust have been
3
applied is one of the other purposes described in subsection (1)
4
must be decided in accordance with the guidelines.
5
Note:
Paragraph 1209N(4)(b) provides for guidelines for deciding what are,
6
and what are not, trusts' purposes, other than the primary purpose
7
described in subsection 1209N(1), that are primarily for the benefit of
8
beneficiaries of the trusts.
9
(3) The Secretary may, by legislative instrument, determine the total
10
value of income and assets of a special disability trust that may be
11
applied in a specified financial year for purposes, other than the
12
primary purpose described in subsection 1209N(1), that are
13
primarily for the benefit of the principal beneficiary of the trust.
14
Veterans' Entitlements Act 1986
15
6 After paragraph 52ZZZW(e)
16
Insert:
17
(ea) the trust expenditure requirements, if any (see
18
section 52ZZZWEA);
19
7 Paragraph 52ZZZWA(2)(c)
20
Repeal the paragraph, substitute:
21
(c) the beneficiary must have a disability as a result of which
22
either:
23
(i) he or she is not working, and has no likelihood of
24
working, for more than 7 hours a week for a wage that
25
is at or above the relevant minimum wage within the
26
meaning of subsection 23(1) of the Social Security Act;
27
or
28
(ii) he or she is working for wages set in accordance with
29
the program administered by the Commonwealth known
30
as the supported wage system.
31
8 Subsection 52ZZZWB(1)
32
Omit "sole", substitute "primary".
33
Note:
The heading to subsection 52ZZZWB(1) is altered by omitting "Sole" and substituting
34
"Primary".
35
Schedule 1 Special disability trusts
6 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010
9 Subsections 52ZZZWB(2), (3) and (4)
1
Repeal the subsections, substitute:
2
Other purposes
3
(2) The trust may have other purposes that are:
4
(a) both ancillary to the primary purpose and necessary or
5
desirable to facilitate the achievement of that purpose; or
6
(b) primarily for the benefit of the principal beneficiary.
7
Note 1:
A particular purpose may be covered by both of paragraphs (2)(a) and
8
(b).
9
Note 2:
The application of the income and assets of the trust for purposes
10
(other than the primary purpose) that are primarily for the benefit of
11
the principal beneficiary is dealt with by section 52ZZZWEA.
12
Guidelines relating to purposes
13
(3) If guidelines are made under subsection (4) then, for the purposes
14
of this section:
15
(a) the reasonable care and accommodation needs of a principal
16
beneficiary of a special disability trust must be decided in
17
accordance with the guidelines if they deal with those needs;
18
and
19
(b) purposes, other than the primary purpose of a special
20
disability trust, that are primarily for the benefit of the
21
principal beneficiary of a trust must be decided in accordance
22
with the guidelines if they deal with those other purposes.
23
(4) The Commission may, by legislative instrument, make guidelines
24
for deciding either or both of the following for the purposes of this
25
section:
26
(a) what are, and what are not, reasonable care and
27
accommodation needs for beneficiaries of trusts;
28
(b) what are, and what are not, trusts' purposes, other than the
29
primary purpose described in subsection (1), that are
30
primarily for the benefit of beneficiaries of the trusts.
31
10 After section 52ZZZWE
32
Insert:
33
Special disability trusts Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010 7
52ZZZWEA Trust expenditure requirements
1
Limit on expenditure for purposes other than primary purpose
2
(1)
If:
3
(a) a determination has been made under subsection (3); and
4
(b) the trust has one or more purposes, other than its primary
5
purpose described in subsection 52ZZZWB(1), that are
6
primarily for the benefit of the principal beneficiary;
7
the total value of the income and assets of the trust applied for
8
those other purposes in a tax year must not exceed the value
9
specified in the determination for that year.
10
Note: For
tax year see subsection 5Q(1).
11
Instruments fixing limits and purposes to be taken into account
12
(2) If guidelines are made under paragraph 52ZZZWB(4)(b), the
13
question whether a purpose for which income and assets of a trust
14
have been applied is one of the other purposes described in
15
subsection (1) must be decided in accordance with the guidelines.
16
Note:
Paragraph 52ZZZWB(4)(b) provides for guidelines for deciding what
17
are, and what are not, trusts' purposes, other than the primary purpose
18
described in subsection 52ZZZWB(1), that are primarily for the
19
benefit of beneficiaries of the trusts.
20
(3) The Commission may, by legislative instrument, determine the
21
total value of income and assets of a special disability trust that
22
may be applied in a specified tax year for purposes, other than the
23
primary purpose described in subsection 52ZZZWB(1), that are
24
primarily for the benefit of the principal beneficiary of the trust.
25
11 Application
26
The amendments made by this Schedule apply to trusts:
27
(a) whether they were created before, on or after the
28
commencement of this Schedule; and
29
(b) whether or not they were special disability trusts under the
30
Social Security Act 1991 or the Veterans' Entitlements Act
31
1986 before the commencement of this Schedule.
32
Schedule 2 Residence required to qualify for disability support pension
8 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010
Schedule 2--Residence required to qualify for
1
disability support pension
2
3
Social Security Act 1991
4
1 After paragraph 94(1)(e)
5
Insert:
6
(ea)
either:
7
(i) the person is an Australian resident; or
8
(ii) the person is absent from Australia and all the
9
circumstances described in paragraphs 1218AA(1)(a),
10
(b), (c), (d) and (e) exist in relation to the person; and
11
2 After paragraph 94A(1)(j)
12
Insert:
13
(ja)
either:
14
(i) the person is an Australian resident; or
15
(ii) the person is absent from Australia and all the
16
circumstances described in paragraphs 1218AA(1)(a),
17
(b), (c), (d) and (e) exist in relation to the person; and
18
3 At the end of subsection 94A(1)
19
Add:
20
Note: For
Australian resident see section 7.
21
4 At the end of subsection 95(1)
22
Add:
23
; and (d) either:
24
(i) the person is an Australian resident; or
25
(ii) the person is absent from Australia and all the
26
circumstances described in paragraphs 1218AA(1)(a),
27
(b), (c), (d) and (e) exist in relation to the person.
28
5 Section 1212
29
Insert:
30
Residence required to qualify for disability support pension Schedule 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010 9
Australian resident disability support pensioner means a person
1
who qualifies for disability support pension only because he or she
2
is an Australian resident.
3
6 Section 1212
4
Insert:
5
terminally ill overseas disability support pensioner means a
6
person who qualifies for disability support pension because all the
7
circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d)
8
and (e) exist in relation to the person.
9
7 Section 1217 (table item 3)
10
Repeal the item, substitute:
11
2 Disability
support
pension
Australian
resident
disability
support
pensioner
Any temporary
absence
13 weeks (but
see also
sections 1218A
A and 1218)
3 Disability
support
pension
Terminally
ill overseas
disability
support
pensioner
Any absence
Unlimited
period
8 At the end of Part 3 of Schedule 1A
12
Add:
13
150 Persons exempt from requirement to be Australian residents to
14
qualify for disability support pension
15
Paragraphs 94(1)(ea), 94A(1)(ja) and 95(1)(d) do not affect the
16
qualification for disability support pension of:
17
(a) a person to whom the provisions mentioned in subclause
18
128(1) continue to apply as described in that subclause; or
19
(b) a person who is covered by a determination under clause 135.
20
Note:
Those paragraphs are in Subdivision A of Division 1 of Part 2.3,
21
which is about qualification for disability support pension.
22
23
Schedule 3 Scheduling of land
10 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010
Schedule 3--Scheduling of land
1
2
Aboriginal Land Rights (Northern Territory) Act 1976
3
1 Part 4 of Schedule 1 (after the item relating to BAUHINIA
4
DOWNS)
5
Insert:
6
BORROLOOLA
7
All that land near Borroloola in the Northern Territory comprising:
8
(a) the whole of Northern Territory Portion 2177 delineated on
9
Survey Plan S2000/169 lodged with the Surveyor-General,
10
Darwin, known as Rarranggilawunyara and in the locality of
11
Pellew Islands in the Northern Territory and containing an
12
area of approximately 5.62 hectares; and
13
(b) the whole of Northern Territory Portion 2178 delineated on
14
Survey Plan S2000/169 lodged with the Surveyor-General,
15
Darwin, known as Niwawunala and in the locality of Pellew
16
Islands in the Northern Territory and containing an area of
17
approximately 2.66 hectares; and
18
(c) the whole of Northern Territory Portion 2179 delineated on
19
Survey Plan S2000/169 lodged with the Surveyor-General,
20
Darwin, known as Wanadjurara and in the locality of Pellew
21
Islands in the Northern Territory and containing an area of
22
approximately 6,840 square metres; and
23
(d) the whole of Northern Territory Portion 2180 delineated on
24
Survey Plan S2000/169 lodged with the Surveyor-General,
25
Darwin, known as Alolo and in the locality of Pellew Islands
26
in the Northern Territory and containing an area of
27
approximately 7.51 hectares; and
28
(e) the whole of Northern Territory Portion 3900 delineated on
29
Survey Plan S90/252D lodged with the Surveyor-General,
30
Darwin, known as Batten Point and in the locality of
31
McArthur in the Northern Territory and containing an area of
32
approximately 201.8 hectares; and
33
(f) the whole of Northern Territory Portions 3997 and 3940
34
delineated on Survey Plan S90/316B lodged with the
35
Surveyor-General, Darwin, known as North Island and in the
36
Scheduling of land Schedule 3
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010 11
locality of Pellew Islands in the Northern Territory and
1
containing an area of approximately 5,579 hectares.
2
2 Part 4 of Schedule 1 (after the item relating to PATTA)
3
Insert:
4
PORT PATTERSON ISLANDS
5
All that land being the whole of Northern Territory Portion 2621
6
delineated on Survey Plan S83/282 lodged with the
7
Surveyor-General, Darwin, known as Port Patterson Islands and in
8
the locality of Bynoe Harbour in the Northern Territory and
9
containing an area of approximately 591.4 hectares.
10
11
Schedule 4 Indigenous Land Corporation
12 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010
Schedule 4--Indigenous Land Corporation
1
2
Aboriginal and Torres Strait Islander Act 2005
3
1 After subsection 191F(2)
4
Insert:
5
Supporting native title settlements
6
(2A) To the extent that the Indigenous Land Corporation performs its
7
functions in supporting native title settlements, the Indigenous
8
Land Corporation must have regard to any guidelines in force
9
under section 191HA.
10
2 After section 191H
11
Insert:
12
191HA Ministerial guidelines about supporting native title
13
settlements
14
The Minister may, by legislative instrument, make guidelines for
15
the purposes of subsection 191F(2A).
16
3 After subsection 191I(1)
17
Insert:
18
Interaction with guidelines under section 191HA
19
(1A) Guidelines referred to in subsection (1) have no effect to the extent
20
to which they are inconsistent with guidelines referred to in
21
section 191HA.
22
Note:
The heading to section 191I is altered by omitting "Guidelines" and substituting
23
"Indigenous Land Corporation guidelines".
24
4 Subsection 191I(2)
25
After "guidelines", insert "referred to in subsection (1)".
26
27
Family tax benefit Schedule 5
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010 13
Schedule 5--Family tax benefit
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Subsection 3(1)
4
Insert:
5
studying overseas full-time: see section 3C.
6
2 At the end of Division 1 of Part 2
7
Add:
8
3C Meaning of studying overseas full-time
9
For the purposes of this Act, studying overseas full-time has the
10
meaning given by a legislative instrument made by the Minister for
11
the purposes of this section.
12
3 At the end of subsection 17B(1)
13
Add:
14
; or (c) the individual is studying overseas full-time in a way that
15
would, in the Secretary's opinion, assist or allow the
16
individual to complete the final year of secondary school or
17
an equivalent level of education.
18
4 Subsection 17B(4)
19
Omit "either or both", substitute "one or more".
20
5 After paragraph 17B(4)(a)
21
Insert:
22
(aa)
paragraph
(1)(c);
23
6 Subsection 17B(5)
24
Omit "paragraph (1)(b) or (2)(c)", substitute "paragraph (1)(b) or (c) or
25
(2)(c)".
26
7 At the end of paragraph 22(6)(d)
27
Add "or is studying overseas full-time".
28
Schedule 5 Family tax benefit
14 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010
Note:
The heading to subsection 22(6) is altered by adding at the end "or studying overseas
1
full-time".
2
8 Subsection 22A(1) (paragraph (a) of the cell at table item 1,
3
column headed "then the individual cannot be an FTB
4
child of the adult if:")
5
Repeal the paragraph, substitute:
6
(a) none of the following subparagraphs
applies:
(i) the individual is undertaking
full-time study;
(ii) the individual is studying
overseas full-time;
(iii) the individual is undertaking
primary education;
and the individual has adjusted
taxable income, for the income year
in which the particular time occurs,
that equals or exceeds the cut-out
amount (see subsection (2)); or
9 Paragraph 31(3)(a)
7
After "undertaking full-time study", insert "or was studying overseas
8
full-time".
9
10 Subparagraph 34(1)(a)(iii)
10
After "undertaking full-time study", insert "or is studying overseas
11
full-time".
12
11 Subsection 35(1) (paragraph (a) of the cell at table item 1,
13
column headed "then the approved care organisation is
14
not eligible for family tax benefit in respect of the
15
individual if:")
16
Repeal the paragraph, substitute:
17
Family tax benefit Schedule 5
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010 15
(a) none of the following subparagraphs
applies:
(i) the individual is undertaking
full-time study;
(ii) the individual is studying
overseas full-time;
(iii) the individual is undertaking
primary education; and
12 Paragraph 65(2)(a)
1
After "undertaking full-time study", insert "or was studying overseas
2
full-time".
3
13 Paragraph 29(3)(a) of Schedule 1
4
After "undertaking full-time study", insert "or is studying overseas
5
full-time".
6
14 Subparagraph 36(2)(b)(i) of Schedule 1
7
After "undertaking full-time study", insert "or is studying overseas
8
full-time".
9
15 Subparagraph 36(2)(b)(ii) of Schedule 1
10
After "undertaking full-time study", insert "or are studying overseas
11
full-time".
12
A New Tax System (Family Assistance) (Administration) Act
13
1999
14
16 Paragraph 32K(1)(b)
15
Repeal the paragraph, substitute:
16
(b) none of the following subparagraphs applies:
17
(i) the other individual is undertaking full-time study;
18
(ii) the other individual is studying overseas full-time;
19
(iii) the other individual is undertaking primary education;
20
17 Application
21
(1)
The amendments made by items 3 to 8, 10, 11 and 13 to 16 apply in
22
relation to working out an individual's or approved care organisation's
23
Schedule 5 Family tax benefit
16 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010
entitlement (if any) to family tax benefit in respect of days occurring on
1
or after the commencement of those items.
2
(2)
The amendments made by items 9 and 12 apply in relation to deaths
3
occurring on or after the commencement of those items.
4
5
Pension reform measures Schedule 6
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010 17
Schedule 6--Pension reform measures
1
2
Social Security Act 1991
3
1 Paragraph 8(1A)(b)
4
Repeal the paragraph, substitute:
5
(b) that includes, but is not limited to:
6
(i) salary, wages, commissions and employment-related
7
fringe benefits that are so earned, derived or received or
8
taken to have been so earned, derived or received; and
9
(ii) if the person is engaged on a continuing basis in that
10
employer/employee relationship--a leave payment to
11
the person;
12
2 Paragraph 8(1A)(e)
13
Repeal the paragraph, substitute:
14
(e) if the person is not engaged on a continuing basis in that
15
employer/employee relationship--a leave payment to the
16
person; or
17
3 Subsection 8(1C)
18
Omit "paragraph (1A)(e)", substitute "subsection (1A)".
19
4 Paragraph 8(1C)(a)
20
Omit "sick leave", substitute "personal/carer's leave".
21
5 Subsection 1073AA(6)
22
Repeal the subsection (not including the examples), substitute:
23
(6) If the person is a member of a couple, apply this section in relation
24
to the person, and to the person's partner, before applying point
25
1064-E2 or point 1066-E2 (whichever is relevant).
26
6 Subsection 1073AA(6) (example 1)
27
After "couple", insert "and subsection (1) applies to David and Amy".
28
7 Subsection 1073AA(6) (example 2)
29
After "couple", insert "and subsection (1) applies to Ian and Simone".
30
Schedule 6 Pension reform measures
18 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010
8 At the end of section 1073AA
1
Add:
2
(7) In working out a person's employment income for the purposes of
3
this section, disregard subsection 8(1B).
4
(8)
If:
5
(a) the person is a member of a couple; and
6
(b) the person's partner has an amount (the exempt amount) of
7
employment income (within the meaning of section 46AB of
8
the Veterans' Entitlements Act 1986) disregarded under
9
section 46AA of that Act;
10
then, in applying point 1064-E2 or point 1066-E2 (whichever is
11
relevant), the ordinary income of the person's partner is to be
12
reduced by an amount equal to the exempt amount.
13
Veterans' Entitlements Act 1986
14
9 Subsection 46AA(5)
15
Repeal the subsection (not including the examples), substitute:
16
Interpretation
17
(5) If the person is a member of a couple, apply this section in relation
18
to the person, and to the person's partner, before applying Point
19
SCH6-E3 of Schedule 6.
20
10 Subsection 46AA(5) (example 1)
21
After "couple", insert "and subsection (1) applies to David and Amy".
22
11 Subsection 46AA(5) (example 2)
23
After "couple", insert "and subsection (1) applies to Ian and Simone".
24
12 After subsection 46AA(5)
25
Insert:
26
(5A)
If:
27
(a) the person is a member of a couple; and
28
(b) the person's partner has an amount (the exempt amount) of
29
employment income (within the meaning of the Social
30
Pension reform measures Schedule 6
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010 19
Security Act 1991) disregarded under section 1073AA of that
1
Act;
2
then, in applying Point SCH6-E3 of Schedule 6, the ordinary
3
income of the person's partner is to be reduced by an amount equal
4
to the exempt amount.
5
13 Paragraph 46AB(1)(b)
6
Repeal the paragraph, substitute:
7
(b) that includes, but is not limited to:
8
(i) salary, wages, commissions and employment-related
9
fringe benefits that are so earned, derived or received or
10
taken to have been so earned, derived or received; and
11
(ii) if the person is engaged on a continuing basis in that
12
employer/employee relationship--a leave payment to
13
the person;
14
14 Paragraph 46AB(1)(e)
15
Repeal the paragraph, substitute:
16
(e) if the person is not engaged on a continuing basis in that
17
employer/employee relationship--a leave payment to the
18
person; or
19
15 Subsection 46AB(2)
20
Omit "paragraph (1)(e)", substitute "subsection (1)".
21
16 Paragraph 46AB(2)(a)
22
Omit "sick leave", substitute "personal/carer's leave".
23
24
Schedule 7 Minor corrections
20 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Budget and Other Measures) Bill 2010 No. , 2010
Schedule 7--Minor corrections
1
2
Social Security Act 1991
3
1 Subsection 1218(3)
4
After "not", insert "to".
5
Social Security (Administration) Act 1999
6
2 At the end of subsection 202(1)
7
Add:
8
; or (f) the Digital Switch-over Household Assistance Program.
9
3 Paragraph 202(2)(db) (the paragraph (db) inserted by item 2
10
of Schedule 1 to the Social Security Legislation
11
Amendment (Digital Television Switch-over) Act 2009)
12
Reletter as paragraph (dc).
13

 


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