Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Farm Household Support Amendment
(Temporary Measures) Bill 2018
No. , 2018
(Agriculture and Water Resources)
A Bill for an Act to amend the Farm Household
Support Act 2014, and for related purposes
No. , 2018
Farm Household Support Amendment (Temporary Measures) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Farm assets value limit
3
Farm Household Support Act 2014
3
Schedule 2--FHA supplement
4
Farm Household Support Act 2014
4
Social Security (Administration) Act 1999
7
No. , 2018
Farm Household Support Amendment (Temporary Measures) Bill 2018
1
A Bill for an Act to amend the Farm Household
1
Support Act 2014, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Farm Household Support Amendment (Temporary
5
Measures) Act 2018.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Farm Household Support Amendment (Temporary Measures) Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The earlier of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 September 2018.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Farm assets value limit Schedule 1
No. , 2018
Farm Household Support Amendment (Temporary Measures) Bill 2018
3
Schedule 1--Farm assets value limit
1
2
Farm Household Support Act 2014
3
1 Section 34
4
Repeal the section, substitute:
5
34 Farm assets value limit
6
(1) Farm household allowance is not payable to a person if the value of
7
the person's farm assets exceeds the farm assets value limit.
8
(2) Subject to this section, the limit is $2.6375 million.
9
Note:
This limit is indexed annually each 1 July under Part 3.16 of the
10
Social Security Act, because of Part 5 of this Act.
11
(3) The farm assets value limit is $5 million for the period starting on
12
1 November 2018 and ending on 30 June 2019.
13
(4) If farm household allowance is payable to a person for one or more
14
days in the period referred to in subsection (3), the farm assets
15
value limit of $5 million continues to apply after that period in
16
respect of a claim for the allowance made by the person before
17
1 July 2019.
18
Note:
The $5 million limit, as it continues to apply because of
19
subsection (4), is not indexed under Part 3.16 of the Social Security
20
Act.
21
2 Section 95 (table item 3)
22
Omit "section 34" (wherever occurring), substitute "subsection 34(2)".
23
3 Section 95 (table item 5)
24
Omit "section 34", substitute "subsection 34(2)".
25
4 Section 95 (table item 5)
26
Omit "1 July 2017", substitute "1 July 2019".
27
Schedule 2 FHA supplement
4
Farm Household Support Amendment (Temporary Measures) Bill 2018
No. , 2018
Schedule 2--FHA supplement
1
2
Farm Household Support Act 2014
3
1 Section 4
4
Omit:
5
(c)
funding (called the farm financial assessment
6
supplement) to pay for an assessment of the financial
7
position of a person and a relevant farm enterprise.
8
The rules dealing with how to make claims, how payments are
9
made and review of decisions relating to payments under this Act
10
are found in the Social Security Act and the Social Security
11
Administration Act.
12
substitute:
13
(c)
funding (called the farm financial assessment
14
supplement) to pay for an assessment of the financial
15
position of a person and a relevant farm enterprise; and
16
(d)
additional funding (called the FHA supplement) for
17
persons to whom farm household allowance is payable
18
at any time between 1 September 2018 and 1 June 2019.
19
The rules dealing with claims, how payments are made and review
20
of decisions relating to payments under this Act are found in the
21
Social Security Act and the Social Security Administration Act.
22
2 Subsection 5(1)
23
Insert:
24
FHA supplement means a supplement payable under Part 4A.
25
qualifying period has the meaning given by subsection 89B(2).
26
3 After Part 4
27
Insert:
28
FHA supplement Schedule 2
No. , 2018
Farm Household Support Amendment (Temporary Measures) Bill 2018
5
Part 4A--FHA supplement
1
2
89A Simplified outline of this Part
3
This Part is about the FHA supplement. There are 2 payments of
4
FHA supplement. A person qualifies for the first payment if farm
5
household allowance is payable to the person at any time between
6
1 September 2018 and 1 December 2018. A person qualifies for the
7
second payment if farm household allowance is payable to the
8
person at any time between 2 December 2018 and 1 June 2019.
9
A claim is not required for FHA supplement. The rules dealing
10
with how payments are made and review of decisions relating to
11
the supplement are found in the Social Security Act and the Social
12
Security Administration Act. (This is because Part 5 of this Act
13
applies the Social Security Act and the Social Security
14
Administration Act in relation to the supplement.)
15
89B Qualification for FHA supplement
16
(1) A person is qualified for FHA supplement for a qualifying period if
17
farm household allowance is payable to the person for at least one
18
day in the qualifying period.
19
(2) Each of the following periods is a qualifying period for the
20
purposes of subsection (1):
21
(a) the period starting on 1 September 2018 and ending on
22
1 December 2018;
23
(b) the period starting on 2 December 2018 and ending on 1 June
24
2019.
25
89C Amount of FHA supplement
26
(1) The amount of FHA supplement for a person for a qualifying
27
period is:
28
(a) if the person's rate of farm household allowance at any time
29
in the qualifying period is calculated by reference to the
30
person being a member of a couple--$3,000; or
31
(b) otherwise--$3,600.
32
Schedule 2 FHA supplement
6
Farm Household Support Amendment (Temporary Measures) Bill 2018
No. , 2018
(2) If:
1
(a) an amount of FHA supplement is paid to a person; and
2
(b) the amount should not have been paid to the person;
3
the amount is not a debt due to the Commonwealth.
4
(3) Subsection (2) does not apply to an amount of FHA supplement
5
obtained by fraud.
6
4 Section 90
7
Omit:
8
The farm household allowance, the activity supplement and the
9
farm financial assessment supplement are all treated as if they were
10
social security payments. As a result, the general rules in the Social
11
Security Act and Social Security Administration Act relating to
12
how to make claims, how payments are made and review of
13
decisions apply in relation payments under this Act.
14
substitute:
15
The farm household allowance, the activity supplement, the farm
16
financial assessment supplement and the FHA supplement are all
17
treated as if they were social security payments. As a result, the
18
general rules in the Social Security Act and Social Security
19
Administration Act relating to claims, how payments are made and
20
review of decisions apply in relation to payments under this Act.
21
5 Section 91 (example)
22
Omit "activity supplement and farm financial assessment supplement",
23
substitute "activity supplement, farm financial assessment supplement
24
and FHA supplement".
25
6 Subsection 93(1) (table item 6)
26
Omit "activity supplement and farm financial assessment supplement",
27
substitute "activity supplement, farm financial assessment supplement
28
and FHA supplement".
29
7 Section 95 (at the end of the table)
30
Add:
31
FHA supplement Schedule 2
No. , 2018
Farm Household Support Amendment (Temporary Measures) Bill 2018
7
14
paragraphs 1231(1)(e), (f)
and (g)
each reference in those paragraphs to social
security payments did not include a reference
to FHA supplement.
8 Subsection 105(3)
1
Omit "Part 3 (activity supplement) or Division 3 of Part 4 (farm
2
financial assessment supplement)", substitute "Part 3 (activity
3
supplement), Division 3 of Part 4 (farm financial assessment
4
supplement) or Part 4A (FHA supplement)".
5
Social Security (Administration) Act 1999
6
9 After section 12K
7
Insert:
8
12L FHA supplement
9
A claim is not required for FHA supplement.
10
10 Subsection 47(1) (after paragraph (hw) of the definition of
11
lump sum benefit)
12
Insert:
13
(hx) FHA supplement; or
14
11 After section 47CA
15
Insert:
16
47CB Payment of FHA supplement
17
If a person is qualified for FHA supplement for a qualifying period
18
(within the meaning of the Farm Household Support Act 2014), the
19
Secretary must pay the supplement to the person:
20
(a) on the day the Secretary determines; and
21
(b) in such manner as the Secretary considers appropriate.
22
12 Subclause 1(1) of Schedule 1
23
Insert:
24
FHA supplement has the meaning given by the Farm Household
25
Support Act 2014.
26