HOUSEHOLD STIMULUS PACKAGE BILL 2009

i Household Stimulus Package Bill 2009 No. , 2009

Contents

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

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

Schedule(s) ......................................................................................... 2

Schedule 1--Training and learning bonus and farmers

hardship bonus

Social Security Act 1991

Social Security (Administration) Act 1999

Schedule 2--Education entry payment

Part 1--Amendments taken to have commenced on 1 January

2009

Social Security Act 1991

Part 2--Amendment commencing on 1 July 2009

Social Security Act 1991

Schedule 3--Back to school bonus and single income family

bonus

A New Tax System (Family Assistance) Act 1999

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

Schedule 4--Administrative scheme for household stimulus

payments

Schedule 5--Other ame ndments

Farm Household Support Act 1992

Income Tax Assessment Act 1936

Income Tax Assessment Act 1997

Social Security Act 1991

Social Security (Administration) Act 1999

Veterans' Entitlements Act 1986

Household Stimulus Package Bill 2009 No. , 2009 1

A Bill for an Act to amend laws in order to provide

payments relating to the household stimulus

package, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Household Stimulus Package Act

2009.

2 Commence ment

(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 Household Stimulus Package Bill 2009 No. , 2009

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

The day on which this Act receives the

Royal Assent.

3. Schedule 2,

Part 1

1 January 2009.

1 January 2009

4. Schedule 2,

Part 2

At the same time as item 65 of Schedule 2 to

the Social Security Legislation Amendment

(Employment Services Reform) Act 2009

commences.

1 Ju ly 2009

5. Schedules 3 to

The day on which this Act receives the

Royal Assent.

Note:

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

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

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.

Train ing and learning bonus and farmers hardship bonus Schedule 1

Household Stimulus Package Bill 2009 No. , 2009 3

Schedule 1

Training and learning bonus and

farmers hardship bonus

Social Security Act 1991

1 Subsection 23(1)

Insert:

Military Rehabilitation and Compensation Act Education and

Training Scheme has the meaning given by the Family Assistance

Act.

2 Subsection 23(1)

Insert:

Veterans' Children Education Scheme has the meaning given by

the Family Assistance Act.

3 After Part 2.17

Insert:

Part 2.18--Training and learning bonus and

farmers hardship bonus

Division 1--Training and learning bonus

910 Qualification for training and learning bonus

Qualified if this section applies

(1) A person is qualified for a training and learning bonus if

subsection (2) or (4) applies to the person.

Receipt of certain payments

(2) This subsection applies to a person if the person was receiving one

or more of the following payments in respect of 3 February 2009:

(a) youth allowance;

Schedule 1 Training and learning bonus and farmers hardship bonus

4 Household Stimulus Package Bill 2009 No. , 2009

(b) austudy payment;

(d) sickness allowance;

(e) a payment under the ABSTUDY Scheme that included an

amount identified as living allowance;

(f) an education allowance under section 3.2, 3.3, 3.4, 3.5, 3.6 or

3.6A of the Veterans' Children Education Scheme;

(g) an education allowance under section 3.2, 3.3, 3.4, 3.5 or 3.6

of the Military Rehabilitation and Compensation Act

Education and Training Scheme.

(3) However:

(a) paragraph (2)(a) does not apply to the person unless the

person was receiving youth allowance on the basis that, on

3 February 2009:

(i) the person was undertaking full-time study; or

(ii) the person was qualified for a youth allowance under

section 540AA; and

(b) paragraph (2)(c) does not apply if the person had reached

pension age on or before 14 October 2008.

Person entitled to family tax benefit Part A

(4) This subsection applies to a person if:

(a) on 3 February 2009 the person was entitled to family tax

benefit; and

(b) the rate of family tax benefit payable in relation to that day

consisted of or included a Part A rate greater than nil worked

out taking into account at least one FTB child who was aged

21 or more and less than 25 on that day; and

bonus under section 95 of the Family Assistance Act if any

such child were aged 4 or more and less than 19 on that day.

One payment under this section only

(5) A person cannot receive more than one payment under this section,

regardless of how many times the person qualifies under this

section.

Train ing and learning bonus and farmers hardship bonus Schedule 1

Household Stimulus Package Bill 2009 No. , 2009 5

No qualification under subsection (2) in certain circumstances

(6) Despite anything else in this section, a person who is:

(a) an FTB child in respect of whom another person is entitled to

a back to school bonus under section 95 of the Family

Assistance Act; or

(b) entitled to a back to school bonus under section 98 of the

Family Assistance Act;

is not qualified for a training and learning bonus under

subsection (2) of this section.

911 Amount of training and learning bonus

(1) The amount of a person's training and learning bonus is:

(a) if the person qualifies for a training and learning bonus under

subsection 910(2) but not under subsection 910(4)--$950; or

(b) if the person qualifies for a training and learning bonus under

subsection 910(4) but not under subsection 910(2)--$950 for

each FTB child because of whom the person so qualifies; or

subsection 910(2) and also qualifies under subsection

910(4)--the sum of:

(i) $950; and

(ii) $950 for each FTB child because of whom the person so

qualifies.

(2) Despite paragraph (1)(b) and subparagraph (1)(c)(ii) of this

section, subsections 97(3), (4) and (5) of the Family Assistance Act

apply in relation to the amount of a person's training and learning

bonus in relation to an FTB child in the same way as they would

apply in relation to the amount of a back to school bonus under that

Act.

Division 2--Farmers hardship bonus

912 Qualification for farmers hardship bonus

A person is qualified for a farmers hardship bonus if the person

was paid any of the following in respect of a period that included

3 February 2009:

Schedule 1 Training and learning bonus and farmers hardship bonus

6 Household Stimulus Package Bill 2009 No. , 2009

(a) an instalment of exceptional circumstances relief payment

under the Farm Household Support Act 1992;

(b) an instalment of farm help income support under that Act;

(i) is known as Exceptional Circumstances Interim Income

Support or as Transitional Income Support; and

(ii) is of a similar nature as a payment of a kind referred to

in paragraph (a) or (b).

913 Amount of farmers hardship bonus

The amount of a person's farmers hardship bonus is $950.

4 Paragraph 1231(1AA)(b)

After "economic security strategy payment", insert ", training and

learning bonus or farmers hardship bonus".

5 Paragraph 1231(1AA)(b)

After "the payment" (wherever occurring), insert "or bonus".

Social Security (Administration) Act 1999

6 At the end of section 12AB

Add ", training and learning bonus or farmers hardship bonus".

Note:

The heading to section 12AB is altered by adding at the end ", training and learning

bonus or farmers hardship bonus".

7 After paragraph 47(1)(ht)

Insert:

(hu) training and learning bonus; or

(hv) farmers hardship bonus; or

8 Subsection 47(4)

After "Subject to", insert "subsections 47C(3) and (4) and".

9 Section 47C

Before "If an individual", insert "(1)".

Note:

The heading to section 47C is altered by adding at the end ", training and learning

bonuses and farmers hardship bonuses".

Train ing and learning bonus and farmers hardship bonus Schedule 1

Household Stimulus Package Bill 2009 No. , 2009 7

10 At the end of section 47C

Add:

(2) If an individual is qualified for a training and learning bonus or

farmers hardship bonus, the Secretary must pay the bonus in a

single lump sum:

(a) to the individual; and

(b) on the date that the Secretary considers to be the earliest date

on which it is reasonably practicable for the payment to be

made; and

(3) Despite paragraph (2)(a) of this section, if:

(a) the individual is qualified for a training and learning bonus

under paragraph 910(2)(a) of the 1991 Act because the

individual was receiving youth allowance in respect of

3 February 2009; and

(b) the whole or a part of the individual's instalment of youth

allowance in respect of a period that included that day was

paid to a parent of the individual under section 45 of this Act;

the Secretary may pay the whole, or the same proportion, of the

individual's training and learning bonus to that parent or to any

other person.

(4) Despite paragraph (2)(a) of this section, if:

(a) the individual is qualified for a training and learning bonus:

(i) under paragraph 910(2)(e) of the 1991 Act because the

individual was receiving a payment under the

ABSTUDY Scheme in respect of 3 February 2009; or

(ii) under paragraph 910(2)(f) or (g) of the 1991 Act

because the individual was receiving an education

allowance referred to in that paragraph in respect of that

day; and

(b) the whole or a part of the individual's instalment of the

payment or allowance in respect of a period that included that

day was paid to a person (the recipient) other than the

individual;

the Secretary may pay the whole, or the same proportion, of the

individual's training and learning bonus to the recipient or to any

other person.

Schedule 2 Education entry payment

Part 1 A mend ments taken to have commenced on 1 January 2009

8 Household Stimulus Package Bill 2009 No. , 2009

Schedule 2

Education entry payment

Part 1

Amendments taken to have commenced on

1 January 2009

Social Security Act 1991

1 At the end of section 665U

Add:

Reduction of qualification period during designated period

(3) Subsection (1) has effect during the designated period as if the

reference in subparagraph (b)(ii) to 12 months were a reference to

4 weeks.

(4) For the purposes of subsection (3), the designated period is the

period beginning on 1 January 2009 and ending at the end of:

(a) 30 June 2010; or

(b) if a later date is determined by the Minister by legislative

instrument--that later date.

2 Section 665ZC

Before "A woman", insert "(1)".

3 At the end of section 665ZC

Add:

Reduction of qualification period during designated period

(2) Subsection (1) has effect during the designated period as if it were

modified as follows:

(a) by omitting subparagraph (b)(ii) and substituting the

following subparagraph:

(ii) had been receiving income support payments in respect

of a continuous period of at least 4 weeks (whether or

not the kind of payment received has changed over the

period and whether the period or any part of it occurred

before or after 1 January 2009); and

Education entry payment Schedule 2

Amend ments taken to have commenced on 1 January 2009 Part 1

Household Stimulus Package Bill 2009 No. , 2009 9

(b) by omitting Note 1 and substituting the following notes:

Note 1:

For income support payment see subsection 23(1).

Note 1A: For the determination of whether a person received income support

payments in respect of a continuous period of at least 4 weeks see

section 38B.

(3) For the purposes of subsection (2), the designated period is the

period beginning on 1 January 2009 and ending at the end of:

(a) 30 June 2010; or

(b) if a later date is determined by the Minister by legislative

instrument--that later date.

4 Section 665ZQ

Before "A person", insert "(1)".

5 At the end of section 665ZQ

Add:

Reduction of qualification period during designated period

(2) Subsection (1) has effect during the designated period as if it were

modified as follows:

(a) by omitting subparagraph (b)(ii) and substituting the

following subparagraph:

(ii) had been receiving income support payments in respect

of a continuous period of at least 4 weeks (whether or

not the kind of payment received has changed over the

period and whether the period or any part of it occurred

before or after 1 January 2009); and

(b) by omitting Note 1 and substituting the following notes:

Note 1:

For income support payment see subsection 23(1).

Note 1A: For the determination of whether a person received income support

payments in respect of a continuous period of at least 4 weeks see

section 38B.

(3) For the purposes of subsection (2), the designated period is the

period beginning on 1 January 2009 and ending at the end of:

(a) 30 June 2010; or

(b) if a later date is determined by the Minister by legislative

instrument--that later date.

Schedule 2 Education entry payment

Part 1 A mend ments taken to have commenced on 1 January 2009

10 Household Stimulus Package Bill 2009 No. , 2009

6 Section 665ZU

Before "A person", insert "(1)".

7 At the end of section 665ZU

Add:

Reduction of qualification period during designated period

(2) Subsection (1) has effect during the designated period as if it were

modified as follows:

(a) by omitting subparagraph (b)(ii) and substituting the

following subparagraph:

(ii) had been receiving income support payments in respect

of a continuous period of at least 4 weeks (whether or

not the kind of payment received has changed over the

period and whether the period or any part of it occurred

before or after 1 January 2009); and

(b) by omitting Note 1 and substituting the following notes:

Note 1:

For income support payment see subsection 23(1).

Note 1A: For the determination of whether a person received income support

payments in respect of a continuous period of at least 4 weeks see

section 38B.

(3) For the purposes of subsection (2), the designated period is the

period beginning on 1 January 2009 and ending at the end of:

(a) 30 June 2010; or

(b) if a later date is determined by the Minister by legislative

instrument--that later date.

8 After Division 12 of Part 2.13A

Insert:

Division 12A--Recipients of youth allowance (other)

665ZX Payment to recipient of youth allowance (other)

(1) A person is qualified for an education entry payment under this

section if:

(a) either:

Education entry payment Schedule 2

Amend ments taken to have commenced on 1 January 2009 Part 1

Household Stimulus Package Bill 2009 No. , 2009 11

(i) the Secretary is satisfied that the person intends to enrol

in a qualifying course; or

(ii) the person is enrolled in such a course; and

(b) immediately before the person commences the course, the

person:

(i) is receiving youth allowance; and

(ii) is not undertaking full-time study and is not a new

apprentice; and

(iii) had been receiving income support payments in respect

of a continuous period of at least 4 weeks (whether or

not the kind of payment received has changed over the

period and whether the period or any part of it occurred

before or after 1 January 2009); and

payment under this Part.

Note 1:

For undertaking full-time study see section 541B.

Note 2:

For income support payment see subsection 23(1).

Note 3:

For the determination of whether a person received income support

payments in respect of a continuous period of at least 4 weeks see

section 38B.

(2) For the purposes of subparagraph (1)(a)(i), a qualifying course, in

relation to a person, is:

(a) a full-time course of education that is an approved course

under the ABSTUDY scheme or an approved course of

education or study (within the meaning of subsection

541B(5)); or

(b) a course that is an activity (whether compulsory or not)

provided for by a term of the person's Youth Allowance

Activity Agreement.

665ZXA Amount of section 665ZX payme nt

The amount of an education entry payment under section 665ZX is

$208.

665ZXB Need for claim

A person is not qualified for an education entry payment under

section 665ZX unless the person has made a claim for the payment.

Schedule 2 Education entry payment

Part 1 A mend ments taken to have commenced on 1 January 2009

12 Household Stimulus Package Bill 2009 No. , 2009

665ZXC Cessation of Division

This Division ceases to have effect at the end of:

(a) 30 June 2010; or

(b) if a later date is determined by the Minister by legislative

instrument--that later date.

9 At the end of Part 2.13A

Add:

Division 14--Education entry payment supplement

665ZZA Qualification for education entry payme nt supple ment

A person is qualified for an education entry payment supplement

under this section if the person:

(a) is qualified for an education entry payment under this Part on

or after 1 January 2009; or

(b) is eligible for an education entry payment under Part VIIAA

of the Veterans' Entitlements Act 1986 on or after 1 January

2009.

665ZZB Amount of education entry payme nt supplement

The amount of an education entry payment supplement under

section 665ZZA is $950.

665ZZC Separate claim not needed

A person is taken to have made a claim for an education entry

payment supplement under section 665ZZA if the person has made

a claim for an education entry payment as required by this Part or

Part VIIAA of the Veterans' Entitlements Act 1986.

665ZZD Education entry payment supplement taken to be part of

education entry payment for purposes of social security

law

(1) For the purposes of the social security law, an education entry

payment supplement payable to a person who is qualified for the

Education entry payment Schedule 2

Amend ments taken to have commenced on 1 January 2009 Part 1

Household Stimulus Package Bill 2009 No. , 2009 13

supplement because of paragraph 665ZZA(a) is taken to be part of

the education entry payment payable to the person.

(2) Subsection (1) has effect except so far as any provision in the

social security law expressly provides for or in relation to

education entry payment supplement.

665ZZE Cessation of Division

This Division ceases to have effect at the end of:

(a) 30 June 2010; or

(b) if a later date is determined by the Minister by legislative

instrument--that later date.

Back to school bonus and single income family bonus Schedule 3

Household Stimulus Package Bill 2009 No. , 2009 15

Schedule 3

Back to school bonus and single

income family bonus

A New Tax System (Family Assistance) Act 1999

1 Subsection 3(1)

Insert:

back to school bonus means a payment to which an individual is

entitled under section 95 or 98.

2 Subsection 3(1)

Insert:

single income family bonus means a payment to which an

individual is entitled under section 101.

3 After Part 6

Insert:

Part 7--Back to school bonus and single income

family bonus

Division 1--Back to school bonus

Subdivision A--Entitlements in relation to eligible children

95 When is an individual entitle d to a back to school bonus?

(1) An individual (the entitled individual) is entitled to a back to

school bonus if subsection (2), (3) or (4) applies to the individual.

(2) This subsection applies to the individual if:

(a) in relation to 3 February 2009, a determination under

section 16 of the Family Assistance Administration Act was

in force in respect of the individual as a claimant; and

(b) the rate (the applicable rate) of family tax benefit payable

under the determination in relation to 3 February 2009

Schedule 3 Back to school bonus and single inco me family bonus

16 Household Stimulus Package Bill 2009 No. , 2009

consisted of or included a Part A rate greater than nil worked

out taking into account at least one FTB child who was aged

4 or more and less than 19 on 3 February 2009.

(3) This subsection applies to the individual if:

(a) in relation to 3 February 2009, a determination under

section 17 of the Family Assistance Administration Act was

in force in respect of the individual as a claimant; and

(b) the determination was made as a result of a claim made in the

2008-09, 2009-10 or 2010-11 income year; and

(the applicable rate) of family tax benefit payable under the

determination in relation to 3 February 2009 consisted of or

included a Part A rate greater than nil worked out taking into

account at least one FTB child who was aged 4 or more and

less than 19 on 3 February 2009; and

(d) if the claim was made in the 2009-10 or 2010-11 income

year:

(i) the individual has satisfied the FTB reconciliation

conditions under section 32B of the Family Assistance

Administration Act for all of the same-rate benefit

periods in the 2008-09 income year; and

(ii) the rate (the applicable rate) of family tax benefit that

was payable under the determination after the individual

satisfied those conditions, and that was payable in

relation to 3 February 2009, consisted of or included a

Part A rate greater than nil worked out taking into

account at least one FTB child who was aged 4 or more

and less than 19 on 3 February 2009.

(4) This subsection applies to the individual if:

(a) in relation to 3 February 2009, a determination under

section 18 of the Family Assistance Administration Act was

in force in respect of the individual as a claimant; and

(b) the determination was made as a result of a claim made in the

2008-09 income year or a later income year; and

under the determination in relation to 3 February 2009

consisted of or included a Part A rate greater than nil worked

out taking into account at least one FTB child who was aged

4 or more and less than 19 on 3 February 2009 (or, if the

Back to school bonus and single income family bonus Schedule 3

Household Stimulus Package Bill 2009 No. , 2009 17

child has died, who would have been that age on that date if

the child had not died).

96 In respect of what children is the bonus payable?

Each of the following is an eligible child in relation to the entitled

individual:

(a) if subsection 95(2) applies to the entitled individual--each

FTB child covered by paragraph 95(2)(b) and taken into

account in determining the applicable rate;

(b) if subsection 95(3) applies to the entitled individual--each

FTB child covered by paragraph 95(3)(c) or subparagraph

95(3)(d)(ii) and taken into account in determining the

applicable rate;

FTB child covered by paragraph 95(4)(c) and taken into

account in determining the applicable rate.

97 What is the amount of the bonus?

Add together the amounts applicable under this section for each

eligible child

(1) The amount of the back to school bonus to the entitled individual is

worked out by adding together the amounts applicable under this

section for each eligible child.

Amount is $950 unless another subsection applies

(2) Subject to this section, the amount applicable for an eligible child

is $950.

Reduced amount if applicable rate took account of an individual's

shared care percentage

(3) If the applicable rate (see section 95) took account of a shared care

percentage in relation to an eligible child, the amount applicable

for the eligible child is that percentage of $950.

Schedule 3 Back to school bonus and single inco me family bonus

18 Household Stimulus Package Bill 2009 No. , 2009

Reduced amount if applicable rate took account of a section 28

percentage determination

(4) If the applicable rate (see section 95) took account of a

determination under section 28 of a particular percentage in

relation to one or more FTB children (being an eligible child or

eligible children)--the amount applicable for the eligible child, or

for each of those eligible children, is:

(a) unless paragraph (b) applies--that percentage of $950; or

(b) if subsection (3) also applies in relation to the eligible

child--that percentage of the amount worked out under

subsection (3) for the eligible child.

Reduced amount if applicable rate took account of a section 29

percentage determination

(5) If the applicable rate (see section 95) took account of a

determination under section 29 of a particular percentage in

relation to one or more FTB children (being an eligible child or

eligible children)--the amount applicable for the eligible child, or

for each of those eligible children, is:

(a) unless paragraph (b) applies--that percentage of $950; or

(b) if subsection (3) also applies in relation to the eligible

child--that percentage of the amount worked out under

subsection (3) for the eligible child.

Subdivision B--Other entitlements

98 When is an individual entitle d to a back to school bonus?

An individual is entitled to a back to school bonus if:

(a) the individual was receiving either of the following payments

in relation to 3 February 2009:

(i) a carer payment under Part 2.5 of the Social Security Act

1991;

(ii) a disability support pension under Part 2.3 of the Social

Security Act 1991; and

(b) the individual was aged less than 19 on 3 February 2009.

Back to school bonus and single income family bonus Schedule 3

Household Stimulus Package Bill 2009 No. , 2009 19

99 What is the amount of the bonus?

The amount of the back to school bonus to the individual is $950.

Subdivision C--General rules

100 General rules

(1) If a back to school bonus under Subdivision A in relation to an

eligible child (see section 96) is paid to an individual, no back to

school bonus under Subdivision B can be paid to the eligible child.

(2) If a back to school bonus under Subdivision B is paid to an

individual (the recipient), no back to school bonus under

Subdivision A can be paid to another individual in relation to the

recipient.

Division 2--Single income family bonus

101 When is an individual entitle d to a single income family bonus?

(1) An individual (the entitled individual) is entitled to a single

income family bonus if subsection (2), (3) or (4) applies to the

individual.

(2) This subsection applies to the individual if:

(a) in relation to 3 February 2009, a determination under

section 16 of the Family Assistance Administration Act was

in force in respect of the individual as a claimant; and

(b) the rate (the applicable rate) of family tax benefit payable

under the determination in relation to 3 February 2009

consisted of or included a Part B rate greater than nil.

(3) This subsection applies to the individual if:

(a) in relation to 3 February 2009, a determination under

section 17 of the Family Assistance Administration Act was

in force in respect of the individual as a claimant; and

(b) the determination was made as a result of a claim made in the

2008-09, 2009-10 or 2010-11 income year; and

(the applicable rate) of family tax benefit payable under the

Schedule 3 Back to school bonus and single inco me family bonus

20 Household Stimulus Package Bill 2009 No. , 2009

determination in relation to 3 February 2009 consisted of or

included a Part B rate greater than nil; and

(d) if the claim was made in the 2009-10 or 2010-11 income

year:

(i) the individual has satisfied the FTB reconciliation

conditions under section 32B of the Family Assistance

Administration Act for all of the same-rate benefit

periods in the 2008-09 income year; and

(ii) the rate (the applicable rate) of family tax benefit that

was payable under the determination after the individual

satisfied those conditions, and that was payable in

relation to 3 February 2009, consisted of or included a

Part B rate greater than nil.

(4) This subsection applies to the individual if:

(a) in relation to 3 February 2009, a determination under

section 18 of the Family Assistance Administration Act was

in force in respect of the individual as a claimant; and

(b) the determination was made as a result of a claim made in the

2008-09 income year or a later income year; and

under the determination in relation to 3 February 2009

consisted of or included a Part B rate greater than nil.

102 What is the amount of the bonus?

Amount is $950 unless another subsection applies

(1) Subject to this section, the amount of the single income family

bonus to the entitled individual is $950.

Reduced amount if applicable rate took account of an individual's

shared care percentage

(2) If the applicable rate (see section 101) was worked out taking into

account only one FTB child and a shared care percentage in

relation to that child, the amount of the single income family bonus

to the entitled individual is that percentage of $950.

(3) If the applicable rate (see section 101) was worked out taking into

account more than one FTB child and a shared care percentage for

each of those children, the amount of the single income family

Back to school bonus and single income family bonus Schedule 3

Household Stimulus Package Bill 2009 No. , 2009 21

bonus to the entitled individual is the highest of those percentages

of $950.

Reduced amount if applicable rate took account of a section 28

percentage determination

(4) If the applicable rate (see section 101) took account of a

determination under section 28 of a particular percentage in

relation to one or more FTB children, the amount of the single

income family bonus to the entitled individual is:

(a) unless paragraph (b) applies--that percentage of $950; or

(b) if subsection (2) or (3) also applies--that percentage of the

amount worked out under subsection (2) or (3).

Reduced amount if applicable rate took account of a section 29

percentage determination

(5) If the applicable rate (see section 101) took account of a

determination under section 29 of a particular percentage in

relation to one or more FTB children, the amount of the single

income family bonus to the entitled individual is:

(a) unless paragraph (b) applies--that percentage of $950; or

(b) if subsection (2) or (3) also applies--that percentage of the

amount worked out under subsection (2) or (3).

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

1999

4 After Division 4B of Part 3

Insert:

Division 4C--Back to school bonus and single income

family bonus

65H Payme nt of back to school bonus and single income family

bonus

If an individual is entitled to a back to school bonus or a single

income family bonus, the Secretary must pay the bonus to the

individual in a single lump sum:

Schedule 3 Back to school bonus and single inco me family bonus

22 Household Stimulus Package Bill 2009 No. , 2009

(a) on the date that the Secretary considers to be the earliest date

on which it is reasonably practicable for the bonus to be

made; and

(b) in such manner as the Secretary considers appropriate.

Note:

The individual does not have to make a claim for the bonus.

5 At the end of subsection 66(1)

Add:

; (i) back to school bonus or single income family bonus.

6 Section 70

Omit "or economic security strategy payment to families", substitute ",

economic security strategy payment to families, back to school bonus or

single income family bonus".

7 After section 71J

Insert:

71K Debts arising in respect of back to school bonus or single

income family bonus

(1) This section applies in relation to an individual (the recipient) who

has been paid a back to school bonus or a single income family

bonus (the relevant payment).

What determinations are relevant?

(2) Each of the following is a relevant determination in relation to the

recipient:

(a) if the relevant payment was made because, at that time,

subsection 95(2) of the Family Assistance Act applied to the

recipient--the determination referred to in paragraph

95(2)(a) of that Act;

(b) if the relevant payment was made because, at that time,

subsection 95(3) of the Family Assistance Act applied to the

recipient--the determination referred to in paragraph

95(3)(a) of that Act;

subsection 95(4) of the Family Assistance Act applied to the

Back to school bonus and single income family bonus Schedule 3

Household Stimulus Package Bill 2009 No. , 2009 23

recipient--the determination referred to in paragraph

95(4)(a) of that Act;

(d) if the relevant payment was made because, at that time,

section 98 of the Family Assistance Act applied to the

recipient--the determination made under Part 3 of the Social

Security (Administration) Act 1999 that resulted in the

recipient receiving the carer payment or disability support

pension;

(e) if the relevant payment was made because, at that time,

subsection 101(2) of the Family Assistance Act applied to the

recipient--the determination referred to in paragraph

101(2)(a) of that Act;

(f) if the relevant payment was made because, at that time,

subsection 101(3) of the Family Assistance Act applied to the

recipient--the determination referred to in paragraph

101(3)(a) of that Act;

(g) if the relevant payment was made because, at that time,

subsection 101(4) of the Family Assistance Act applied to the

recipient--the determination referred to in paragraph

101(4)(a) of that Act.

Situation in which whole amount is a debt

(3) If:

(a) after the relevant payment was made to the recipient, a

relevant determination in relation to the recipient, at least so

far as it relates to 3 February 2009, is or was (however

described) changed, revoked, set aside, or superseded by

another determination; and

(b) the decision to change, revoke, set aside or supersede the

relevant determination is or was made for the reason, or for

reasons including the reason, that the recipient knowingly

made a false or misleading statement, or knowingly provided

false information; and

occurred on or before 3 February 2009, the relevant payment

would not have been made;

the amount of the relevant payment is a debt due to the

Commonwealth by the recipient.

Schedule 3 Back to school bonus and single inco me family bonus

24 Household Stimulus Package Bill 2009 No. , 2009

Situation in which part of amount is a debt

(4) If:

(a) after the relevant payment was made to the recipient, a

relevant determination in relation to the recipient, at least so

far as it relates to 3 February 2009, is or was (however

described) changed, revoked, set aside, or superseded by

another determination; and

(b) the decision to change, revoke, set aside or supersede the

relevant determination is or was made for the reason, or for

reasons including the reason, that the recipient knowingly

made a false or misleading statement, or knowingly provided

false information; and

occurred on or before 3 February 2009, the amount of the

relevant payment would have been reduced;

the amount by which the relevant payment would have been

reduced is a debt due to the Commonwealth by the recipient.

8 Paragraph 74(a)

Omit "or economic security strategy payment to families", substitute ",

economic security strategy payment to families, back to school bonus or

single income family bonus".

9 Subsection 82(3) (paragraph (a) of the definition of debt)

After "71J,", insert "71K,".

10 Subsection 93A(6) (at the end of the definition of family

assistance payment)

Add:

; or (e) a payment of back to school bonus or single income family

bonus.

11 Subsection 106(3)

Omit "or economic security strategy payment to families", substitute ",

economic security strategy payment to families, back to school bonus or

single income family bonus".

12 Subsection 109D(4)

Back to school bonus and single income family bonus Schedule 3

Household Stimulus Package Bill 2009 No. , 2009 25

Omit "or economic security strategy payment to families", substitute ",

economic security strategy payment to families, back to school bonus or

single income family bonus".

13 Paragraph 109D(5)(a)

Omit "or economic security strategy payment to families", substitute ",

economic security strategy payment to families, back to school bonus or

single income family bonus".

14 Section 219TA (at the end of the definition of relevant

benefit)

Add:

; or (k) back to school bonus or single income family bonus.

Schedule 4 Admin istrative scheme for household stimulus payments

26 Household Stimulus Package Bill 2009 No. , 2009

Schedule 4

Administrative scheme for

household stimulus payments

1 Administrative scheme for household stimulus payments

(1)

Subject to this item, a Minister administering:

(a) the A New Tax System (Family Assistance) Act 1999; or

(b) the Social Security Act 1991; or

(d) the Veterans' Entitlements Act 1986;

may, by legislative instrument, determine a scheme under which

household stimulus payments may be made to persons in particular

circumstances. The Minister may, by legislative instrument, vary or

revoke the scheme.

(2)

The circumstances in which the scheme provides for payments must be:

(a) circumstances:

(i) in which the Minister considers that Part 7 of the A New

Tax System (Family Assistance) Act 1999 or Part 2.18 of

the Social Security Act 1991 does not produce

appropriate results; and

(ii) that occur in the financial year starting on 1 July 2008;

(b) circumstances:

(i) in which the Minister considers that Division 14 of

Part 2.13A of the Social Security Act 1991 does not

produce appropriate results; and

(ii) that occur in the period starting on 1 July 2008 and

ending on the day on which that Division ceases to have

effect under section 665ZZE of that Act.

(3)

Without limiting the generality of subitem (1), the scheme may deal

with the following:

(a) the circumstances in which payments are to be made;

(b) the amount of the payments;

(d) debt recovery;

Admin istrative scheme for household stimulus payments Schedule 4

Household Stimulus Package Bill 2009 No. , 2009 27

(e) administrative matters, such as determination of entitlement

and how and when payments will be made.

(4)

Without limiting the generality of subparagraph (2)(a)(i), circumstances

in which the provisions referred to in that subparagraph do not produce

appropriate results may include the circumstance of an FTB child

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

1999) aged 19 or 20 on 3 February 2009.

(5)

Payments under the scheme are to be made out of the Consolidated

Revenue Fund, which is appropriated accordingly.

Schedule 5 Other amendments

28 Household Stimulus Package Bill 2009 No. , 2009

Schedule 5

Other amendments

Farm Household Support Act 1992

1 At the end of section 24A

Add:

Farmers hardship bonus disregarded

(8) To avoid doubt, in calculating a rate referred to in subsection (1),

any farmers hardship bonus under the Social Security Act 1991 is

to be disregarded.

2 At the end of section 24AA

Add:

Farmers hardship bonus disregarded

(10) To avoid doubt, in calculating a rate referred to in subsection (1),

any farmers hardship bonus under the Social Security Act 1991 is

to be disregarded.

3 At the end of section 24B

Add:

(5) To avoid doubt, in calculating a rate referred to in this section, any

farmers hardship bonus under the Social Security Act 1991 is to be

disregarded.

Income Tax Assessment Act 1936

4 Subsection 159J(6) (paragraph (ac) of the definition of

separate net income)

Omit "or economic security strategy payment to families", substitute ",

economic security strategy payment to families, back to school bonus or

single income family bonus".

5 Subsection 159J(6) (after paragraph (adah) of the definition

of separate net income)

Other amend ments Schedule 5

Household Stimulus Package Bill 2009 No. , 2009 29

Insert:

(adai) does not include training and learning bonus or farmers

hardship bonus under the Social Security Act 1991; and

(adaj) does not include education entry payment supplement under

the Social Security Act 1991; and

(adak) does not include payments under the scheme determined

under Schedule 4 to the Household Stimulus Package Act

2009; and

Income Tax Assessment Act 1997

6 Section 11-

15 (at the end of the table item headed "family

assistance")

Add:

back to school bonus or single inco me family bonus........... 52-150

payments under the scheme determined under

Schedule 4 to the Household Stimulus Package Act

2009 ........................................................................................ 52-165

7 Section 11-

15 (table item headed "social security or like

payments")

After:

economic security strategy payment under the Veterans'

Entitlements Act 1986..........................................................

52-65

insert:

education entry payment supplement under the Social

Security Act 1991 .................................................................

52-10

8 Section 11-

15 (table item headed "social security or like

payments")

After:

exceptional circu mstances relief, payment for ...................... 53-10 and 53-15

insert:

farmers hardship bonus under the Social Security Act

1991 ........................................................................................

52-10

9 Section 11-

15 (table item headed "social security or like

payments")

After:

Schedule 5 Other amendments

30 Household Stimulus Package Bill 2009 No. , 2009

payments under a scheme determined under item 1 of

Schedule 2 to the Social Security and Veterans'

Entitlements Legislation Amendment (One-off

Payments and Other Budget Measures) Act 2008..........

52-10

insert:

payments under the scheme determined under

Schedule 4 to the Household Stimulus Package Act

2009 ........................................................................................

52-165

10 Section 11-

15 (table item headed "social

security or like

payments")

After:

social security payments............................................................ Subdivision 52-A

insert:

training and learn ing bonus under the Social Security

Act 1991 .................................................................................

52-10

11 At the end of subsection 52-10(1) (before the note)

Add:

; or (y) training and learning bonus under the Social Security Act

1991; or

(z) farmers hardship bonus under the Social Security Act 1991;

(za) education entry payment supplement under the Social

Security Act 1991.

12 After subsection 52-10(1F)

Insert:

(1G) Training and learning bonus under the Social Security Act 1991 is

exempt from income tax.

(1H) Farmers hardship bonus under the Social Security Act 1991 is

exempt from income tax.

(1J) Education entry payment supplement under the Social Security Act

1991 is exempt from income tax.

13 Subsection 52-150(1)

Other amend ments Schedule 5

Household Stimulus Package Bill 2009 No. , 2009 31

Omit "or economic security strategy payment to families", substitute ",

economic security strategy payment to families, back to school bonus or

single income family bonus".

14 At the end of Subdivision 52-H

Add:

52-165 Household stimulus payments are exempt

Payments under the scheme determined under Schedule 4 to the

Household Stimulus Package Act 2009 are exempt from income

tax.

Social Security Act 1991

15 Paragraph 8(8)(jaa)

Omit "or economic security strategy payment to families", substitute ",

economic security strategy payment to families, back to school bonus or

single income family bonus".

16 After paragraph 8(8)(yi)

Insert:

(yj) a payment under the scheme determined under Schedule 4 to

the Household Stimulus Package Act 2009;

17 After section 1223ABAAA

Insert:

1223ABAAB Debts arising in respect of training and learning

bonuses etc.

(1) If:

(a) an individual has been paid a training and learning bonus,

farmers hardship bonus or an education entry payment

supplement; and

(b) after the payment was made to the individual, a

determination in relation to the individual, at least so far as it

relates to 3 February 2009 or to a period that includes that

day, is or was (however described) changed, revoked, set

aside, or superseded by another determination; and

Schedule 5 Other amendments

32 Household Stimulus Package Bill 2009 No. , 2009

relation to the payment; and

(d) the decision to change, revoke, set aside or supersede the

determination is or was made for the reason, or for reasons

including the reason, that the individual knowingly made a

false or misleading statement, or knowingly provided false

information; and

(e) had the change, revocation, setting aside or superseding

occurred on or before 3 February 2009, the payment would

not have been made;

the amount of the payment is a debt due to the Commonwealth by

the individual.

(2) This subsection applies to:

(a) if the individual qualified for the payment because of

paragraph 910(2)(a), (b), (c) or (d) of this Act--a

determination made under Part 3 of the Administration Act

because of which the individual was receiving a payment of a

kind referred to in that paragraph; and

(b) if the individual qualified for the payment because of

paragraph 910(2)(e) of this Act--a determination (however

described) made under the ABSTUDY Scheme because of

which the individual was receiving a payment of a kind

referred to in that paragraph; and

paragraph 910(2)(f) of this Act--a determination (however

described) made under the Veterans' Children Education

Scheme because of which the individual was receiving a

payment of a kind referred to in that paragraph; and

(d) if the individual qualified for the payment because of

paragraph 910(2)(g) of this Act--a determination (however

described) made under the Military Rehabilitation and

Compensation Act Education and Training Scheme because

of which the individual was receiving a payment of a kind

referred to in that paragraph; and

(e) if the individual qualified for the payment because of

subsection 910(4) of this Act--a determination made under

Part 3 of the Family Assistance Administration Act because

of which the individual was entitled to family tax benefit; and

(f) if the individual qualified for the payment because of

paragraph 912(a) or (b) of this Act--a determination made

Other amend ments Schedule 5

Household Stimulus Package Bill 2009 No. , 2009 33

under Part 3 of the Farm Household Support Act 1992

because of which the individual was paid an instalment of a

payment of a kind referred to in that paragraph; and

(g) if the individual qualified for the payment because of

paragraph 912(c) of this Act--a determination (however

described) of the Commonwealth because of which the

individual was paid a payment of a kind referred to in that

paragraph; and

(h) if the individual qualified for the payment because of

section 665ZZA of this Act--a determination made under

Part 3 of the Administration Act because of which the

individual was qualified for an education entry payment.

(3) If:

(a) the Secretary has paid a person's training and learning bonus

to another person (the recipient) under subsection 47C(3) or

(4) of the Administration Act; and

(b) the reason why, or one of the reasons why, the Secretary

decided to pay the bonus to the recipient was that the

recipient made a particular statement or provided particular

information; and

that:

(i) the statement or information is false or misleading; and

(ii) the recipient made the statement, or provided the

information, knowing that it was false or misleading;

and

(iii) the bonus should have been paid to a person other than

the recipient;

the amount of the payment is a debt due to the Commonwealth by

the recipient.

(4) Apart from section 1224AA, the other provisions of this Part under

which debts arise do not apply in relation to payments to which this

section applies.

Social Security (Administration) Act 1999

18 Section 123TC

Insert:

Schedule 5 Other amendments

34 Household Stimulus Package Bill 2009 No. , 2009

household stimulus payment means:

(a) a training and learning bonus under Division 1 of Part 2.18 of

the 1991 Act; or

(b) a farmers hardship bonus under Division 2 of Part 2.18 of the

1991 Act; or

Part 2.13A of the 1991 Act; or

(d) a back to school bonus or single income family bonus under

Part 7 of the Family Assistance Act; or

(e) a payment under the scheme determined under Schedule 4 to

the Household Stimulus Package Act 2009.

19 Subdivision DB of Division 5 of Part 3B (heading)

Repeal the heading, substitute:

Subdivision DB--Economic security strategy payments and

household stimulus payments

20 At the end of Subdivision DB of Division 5 of Part 3B

Add:

123XPD Deductions from household stimulus payme nts

Scope

(1) This section applies if:

(a) a person is subject to the income management regime; and

(b) a household stimulus payment is payable to the person.

Deductions from household stimulus payments

(2) The following provisions have effect:

(a) the Secretary must deduct from the household stimulus

payment the deductible portion of the payment;

(b) an amount equal to the deductible portion of the payment is

credited to the Special Account;

credited to the person's income management account.

Other amend ments Schedule 5

Household Stimulus Package Bill 2009 No. , 2009 35

(3) For the purposes of subsection (2), the deductible portion of a

household stimulus payment is 100% of the amount of the

payment.

Veterans' Entitlements Act 1986

21 Paragraph 5H(8)(paa)

Omit "or economic security strategy payment to families", substitute ",

economic security strategy payment to families, back to school bonus or

single income family bonus".

22 At the end of subsection 5H(8)

Add:

; (zzg) a payment under the scheme determined under Schedule 4 to

the Household Stimulus Package Act 2009.

Commonwealth of Australia Bills

HOUSEHOLD STIMULUS PACKAGE BILL 2009