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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Disability Insurance Scheme
Legislation Amendment Bill 2013
No. , 2013
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the National Disability
Insurance Scheme Act 2013, and for related
purposes
i National Disability Insurance Scheme Legislation Amendment Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 3
Schedule 1--Amendment of the National Disability Insurance
Scheme Act 2013
4
Part 1--Amendments relating to National Disability Insurance
Scheme rules
4
Part 2--General amendments
9
Part 3--Minor amendments relating to information
12
Part 4--Amendments relating to actuarial, audit and risk
management activities
13
Part 5--Amendments relating to compensation
14
Schedule 2--Amendments of other Acts
16
Administrative Appeals Tribunal Act 1975
16
Age Discrimination Act 2004
16
Social Security Act 1991
17
Veterans' Entitlements Act 1986
20
Schedule 3--Income tax amendments
22
Income Tax Assessment Act 1997
22
National Disability Insurance Scheme Legislation Amendment Bill 2013 No. , 2013 1
A Bill for an Act to amend the National Disability
1
Insurance Scheme Act 2013, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the National Disability Insurance Scheme
6
Legislation Amendment Act 2013.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 National Disability Insurance Scheme Legislation Amendment Bill 2013 No. ,
2013
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. Schedule 1,
items 1 to 19
Immediately after the commencement of
Chapter 3 of the National Disability
Insurance Scheme Act 2013.
3. Schedule 1,
item 20
The day after this Act receives the Royal
Assent.
4. Schedule 1,
items 21 to 26
Immediately after the commencement of
Part 4 of Chapter 4 of the National
Disability Insurance Scheme Act 2013.
5. Schedule 1,
items 27 to 32
The day after this Act receives the Royal
Assent.
6. Schedule 1,
item 33
Immediately after the commencement of
Chapter 3 of the National Disability
Insurance Scheme Act 2013.
7. Schedule 1,
items 34 to 43
Immediately after the commencement of
Part 4 of Chapter 4 of the National
Disability Insurance Scheme Act 2013.
8. Schedule 1,
items 44 and 45
The day after this Act receives the Royal
Assent.
9. Schedule 1,
item 46
Immediately after the commencement of
Chapter 5 of the National Disability
Insurance Scheme Act 2013.
10. Schedule 1,
Parts 3 and 4
The day after this Act receives the Royal
Assent.
11. Schedule 1,
Part 5
Immediately after the commencement of
Chapter 5 of the National Disability
Insurance Scheme Act 2013.
12. Schedule 2,
items 1 to 5
The day after this Act receives the Royal
Assent.
13. Schedule 2,
items 6 to 26
Immediately after the commencement of
Chapter 3 of the National Disability
Insurance Scheme Act 2013.
National Disability Insurance Scheme Legislation Amendment Bill 2013 No. , 2013
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
14. Schedule 3
The day this Act receives the Royal Assent.
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 Schedule(s)
7
Each Act 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
Schedule 1 Amendment of the National Disability Insurance Scheme Act 2013
Part 1 Amendments relating to National Disability Insurance Scheme rules
4 National Disability Insurance Scheme Legislation Amendment Bill 2013 No. ,
2013
Schedule 1
--
Amendment of the National
1
Disability Insurance Scheme Act 2013
2
Part 1
--
Amendments relating to National Disability
3
Insurance Scheme rules
4
1 Paragraph 22(1)(b)
5
Repeal the paragraph, substitute:
6
(b) the person satisfies any other requirements in relation to age
7
that are prescribed by the National Disability Insurance
8
Scheme rules.
9
2 Paragraph 23(1)(c)
10
Omit "in relation to residence".
11
3 At the end of subsection 23(3)
12
Add:
13
; and (d) may require that a person satisfy a prescribed requirement
14
relating to either or both of the following:
15
(i) the purpose for which the person resides in a particular
16
geographical area;
17
(ii) exceptional circumstances applying in relation to the
18
person.
19
4 Subsection 27(1)
20
Omit "(1)".
21
5 Subsection 27(2)
22
Repeal the subsection.
23
6 Paragraph 33(5)(d)
24
Repeal the paragraph, substitute:
25
(d) apply the National Disability Insurance Scheme rules (if any)
26
made for the purposes of section 35; and
27
7 Section 34
28
Before "For", insert "(1)".
29
Amendment of the National Disability Insurance Scheme Act 2013 Schedule 1
Amendments relating to National Disability Insurance Scheme rules Part 1
National Disability Insurance Scheme Legislation Amendment Bill 2013 No. , 2013
5
8 Subparagraph 34(f)(ii)
1
Omit "disability;", substitute "disability.".
2
9 Paragraphs 34(g) and (h)
3
Repeal the paragraphs.
4
10 At the end of section 34
5
Add:
6
(2) The National Disability Insurance Scheme rules may prescribe
7
methods or criteria to be applied, or matters to which the CEO is to
8
have regard, in deciding whether or not he or she is satisfied as
9
mentioned in any of paragraphs (1)(a) to (f).
10
11 Subsection 35(1)
11
Omit "prescribe", substitute "make provision in connection with the
12
funding or provision of reasonable and necessary supports or general
13
supports, including but not limited to prescribing".
14
12 Paragraph 35(1)(a)
15
Omit "a method for assessing, or criteria for", substitute "methods or
16
criteria to be applied, or matters to which the CEO is to have regard,
17
in".
18
13 Subsection 35(2)
19
Omit all the words from and including "methods" (first occurring) to
20
and including "funded" (third occurring), substitute "National Disability
21
Insurance Scheme rules referred to in subsection (1) may relate to the
22
manner in which supports are to be funded or provided and by whom
23
supports".
24
14 Subsection 35(3)
25
Repeal the subsection.
26
15 Subsections 35(4) and (5)
27
Omit all the words from and including "methods" (first occurring) to
28
and including "relating", substitute "National Disability Insurance
29
Scheme rules referred to in subsection (1) may relate".
30
Schedule 1 Amendment of the National Disability Insurance Scheme Act 2013
Part 1 Amendments relating to National Disability Insurance Scheme rules
6 National Disability Insurance Scheme Legislation Amendment Bill 2013 No. ,
2013
16 Paragraph 40(2)(b)
1
Omit "the criteria (if any)", substitute "any matters and applying any
2
criteria".
3
17 After subsection 44(1)
4
Insert:
5
(1A) The statement of participant supports in a participant's plan must
6
not provide that a plan nominee is to manage the funding for
7
supports under the participant's plan to any extent if the plan
8
nominee is an insolvent under administration.
9
18 After subsection 44(2)
10
Insert:
11
(2A) The statement of participant supports in a participant's plan must
12
not provide that a plan nominee is to manage the funding for
13
supports under the participant's plan to a particular extent if the
14
CEO is satisfied that management of the plan to that extent would
15
present an unreasonable risk to the participant.
16
19 Subsection 44(3)
17
Omit all the words after "prescribe", substitute "criteria the CEO is to
18
apply and matters to which the CEO is to have regard in considering
19
whether either of the following would present an unreasonable risk to
20
the participant:
21
(a) a participant managing the funding for supports under the
22
plan;
23
(b) a plan nominee managing the funding for supports under the
24
plan".
25
20 At the end of subsection 70(1)
26
Add:
27
; and (e) the CEO is satisfied that the applicant is suitable to manage
28
the funding for supports under plans or provide supports
29
under plans, as the case requires, applying any criteria and
30
having regard to any matters prescribed by the National
31
Disability Insurance Scheme rules for the purposes of this
32
paragraph.
33
Amendment of the National Disability Insurance Scheme Act 2013 Schedule 1
Amendments relating to National Disability Insurance Scheme rules Part 1
National Disability Insurance Scheme Legislation Amendment Bill 2013 No. , 2013
7
21 Subsection 74(6)
1
Omit "criteria", substitute "requirements with which the CEO must
2
comply, criteria that the CEO is to apply or matters".
3
22 Subsection 75(4)
4
Omit "criteria", substitute "requirements with which the CEO must
5
comply, criteria that the CEO is to apply or matters".
6
23 Section 80 (heading)
7
Repeal the heading, substitute:
8
80 Duties of nominees to participant etc.
9
24 At the end of subsection 80(4)
10
Add:
11
; or (c) to inform the CEO and the participant if the nominee has,
12
acquires, or is likely to acquire, any interest, pecuniary or
13
otherwise, that conflicts or could conflict with the
14
performance of the nominee's duties.
15
25 Paragraph 88(6)(b)
16
After "criteria", insert "the CEO is to apply or matters".
17
26 Paragraph 93(b)
18
Before "matters", insert "criteria the CEO is to apply or".
19
27 Subsection 209(2A)
20
Omit all the words after "provide", substitute:
21
for:
22
(a) the CEO to specify assessment tools; and
23
(b) the circumstances in which the CEO is to use the tools.
24
28 National Disability Insurance Scheme rules made before
25
commencement
26
If, before the commencement of this item, National Disability Insurance
27
Scheme rules were made for the purposes of a provision of the National
28
Disability Insurance Scheme Act 2013 referred to in an item of this
29
Schedule:
30
Schedule 1 Amendment of the National Disability Insurance Scheme Act 2013
Part 1 Amendments relating to National Disability Insurance Scheme rules
8 National Disability Insurance Scheme Legislation Amendment Bill 2013 No. ,
2013
(a) those rules are taken to be, and to have been at all times, as
1
valid as they would have been if the amendments made by
2
this Schedule had been in effect when the rules were made;
3
and
4
(b) anything done under those rules is taken to have been at all
5
times as valid as it would have been if the amendments made
6
by this Schedule had been in effect when the rules were
7
made.
8
Amendment of the National Disability Insurance Scheme Act 2013 Schedule 1
General amendments Part 2
National Disability Insurance Scheme Legislation Amendment Bill 2013 No. , 2013
9
Part 2
--
General amendments
1
29 Paragraphs 3(1)(g) and 4(11)(c) and (13)(c)
2
Omit "mainstream".
3
30 Section 9 (definition of early intervention supports)
4
Repeal the definition.
5
31 Section 9 (definition of plan nominee)
6
Omit "the plan nominee", substitute "a plan nominee".
7
32 Section 9 (definition of registered provider of supports)
8
After "person", insert "or entity".
9
33 Paragraph 24(1)(d)
10
Omit "and" (first occurring), substitute "or".
11
34 Subsection 74(1A)
12
Repeal the subsection, substitute:
13
(1A) If:
14
(a) a State or Territory Minister; or
15
(b) the head (however described) of a Department of State of a
16
State or Territory;
17
has parental responsibility for the child, the CEO must not make a
18
determination under paragraph (1)(b) in relation to the child unless
19
the Minister or the head of the Department, as the case may be, has
20
agreed in writing to the making of the determination.
21
35 Subsection 75(3A)
22
Repeal the subsection, substitute:
23
(3A) If:
24
(a) a State or Territory Minister; or
25
(b) the head (however described) of a Department of State of a
26
State or Territory;
27
has guardianship of the child, the CEO must not make a
28
determination under subsection (2) or (3) in relation to the child
29
Schedule 1 Amendment of the National Disability Insurance Scheme Act 2013
Part 2 General amendments
10 National Disability Insurance Scheme Legislation Amendment Bill 2013 No. ,
2013
unless the Minister or the head of the Department, as the case may
1
be, has agreed in writing to the making of the determination.
2
36 Subsection 78(5)
3
After "doing", insert ", or being supported to do,".
4
37 Subsection 86(1)
5
Omit "the plan nominee", substitute "a plan nominee".
6
38 At the end of section 86
7
Add:
8
(6) To avoid doubt, the CEO may appoint more than one person to be
9
a plan nominee of a participant for the purposes of this Act.
10
39 Paragraph 90(4)(b)
11
Before "the nominee", insert "in response to the notice,".
12
40 Paragraph 90(4)(b)
13
Omit "and is likely to have an effect referred to in paragraph 83(1)(b)".
14
41 At the end of subsection 90(4)
15
Add:
16
; and (c) having regard to that response, the CEO is satisfied that it is
17
appropriate to do so.
18
42 Paragraph 99(j)
19
Omit "74(4)(c)", substitute "74(5)(c)".
20
43 At the end of section 99
21
Add:
22
; (r) a decision under section 190 not to write off a debt;
23
(s) a decision under section 192 that the CEO is not required to
24
waive a debt;
25
(t) a decision under section 193 not to waive a debt;
26
(u) a decision under subsection 194(3) or (4) that the CEO is not
27
required to waive a debt;
28
(v) a decision under section 195 not to waive a debt.
29
Amendment of the National Disability Insurance Scheme Act 2013 Schedule 1
General amendments Part 2
National Disability Insurance Scheme Legislation Amendment Bill 2013 No. , 2013
11
44 Subparagraph 118(1)(a)(iv)
1
Omit "mainstream".
2
45 Section 193
3
Omit "must", substitute "may".
4
46 Application
--
compensation in respect of personal injury
5
(1)
Chapter 5 of the NDIS Act, and National Disability Insurance Scheme
6
rules made for the purposes of subsections 35(4) and (5) of that Act,
7
apply in relation to action that is taken to claim or obtain compensation
8
in respect of a personal injury:
9
(a) whether the personal injury occurs before, on or after the
10
commencement of Chapter 5 of the NDIS Act; and
11
(b) whether the action is taken before, on or after that
12
commencement; and
13
(c) if the action was taken before that commencement--whether
14
or not the action was brought to a conclusion before that
15
commencement.
16
(2)
In this item:
17
NDIS Act means the National Disability Insurance Scheme Act 2013.
18
Schedule 1 Amendment of the National Disability Insurance Scheme Act 2013
Part 3 Minor amendments relating to information
12 National Disability Insurance Scheme Legislation Amendment Bill 2013 No. ,
2013
Part 3
--
Minor amendments relating to information
1
47 Subsection 60(1)
2
Omit "obtain", substitute "collect".
3
48 Subparagraph 60(2)(d)(iii)
4
Omit "authorisation", substitute "consent".
5
49 Subsection 60(3)
6
Omit "obtaining", substitute "collection".
7
50 Paragraph 61(a)
8
Omit "obtains", substitute "collects".
9
51 Paragraph 61(b)
10
Omit "obtain", substitute "collect".
11
52 Subparagraph 66(1)(b)(ii)
12
Repeal the subparagraph, substitute:
13
(ii) to a person who has the express or implied consent of
14
the person to whom the information relates to collect it;
15
or
16
Amendment of the National Disability Insurance Scheme Act 2013 Schedule 1
Amendments relating to actuarial, audit and risk management activities Part 4
National Disability Insurance Scheme Legislation Amendment Bill 2013 No. , 2013
13
Part 4
--
Amendments relating to actuarial, audit and
1
risk management activities
2
53 Section 125A
3
Repeal the section, substitute:
4
125A Matters to be considered in performing functions
5
In performing its functions, the Board must have regard to:
6
(a) relevant actuarial analysis and advice; and
7
(b) relevant advice and reports provided by the audit committee
8
established and maintained by Board members under
9
section 32 of the CAC Act.
10
125B Rules about management of risk and performance of Board's
11
functions
12
The Minister administering the Insurance Act 1973 may, by
13
legislative instrument, determine rules that:
14
(a) relate to the management of risks, whether financial or not,
15
that are likely to be faced by the Agency; and
16
(b) must be complied with by the Board in performing its
17
functions.
18
54 Subparagraph 180B(1)(a)(iii)
19
Repeal the subparagraph, substitute:
20
(iii) on the basis of information held by the Agency, any
21
trends in provision of supports to people with disability;
22
55 Application
23
The amendment of paragraph 180B(1)(a) of the National Disability
24
Insurance Scheme Act 2013 by this Part applies to assessments to be
25
made the first time, and each later time, an annual report on the Agency
26
under section 9 of the Commonwealth Authorities and Companies Act
27
1997 is being prepared.
28
Schedule 1 Amendment of the National Disability Insurance Scheme Act 2013
Part 5 Amendments relating to compensation
14 National Disability Insurance Scheme Legislation Amendment Bill 2013 No. ,
2013
Part 5
--
Amendments relating to compensation
1
56 After paragraph 99(o)
2
Insert:
3
(oa) a decision under subsection 104(5A) to refuse to extend a
4
period;
5
(ob) a decision under paragraph 105(4)(a) to take action to claim
6
or obtain compensation;
7
(oc) a decision under paragraph 105(4)(b) to take over the conduct
8
of a claim;
9
57 After subsection 104(5)
10
Insert:
11
(5A) The CEO may, on application by the participant or prospective
12
participant, extend the specified period.
13
58 At the end of section 105
14
Add:
15
(5) Before taking action to claim or obtain compensation, or taking
16
over the conduct of an existing claim, the CEO must have regard to
17
the following:
18
(a) the disability of the participant or prospective participant;
19
(b) the circumstances which give rise to the entitlement or
20
possible entitlement to compensation;
21
(c) any impediments the CEO may face if the CEO takes the
22
action or takes over the conduct of the claim;
23
(d) any reasons given by the participant or prospective
24
participant as to why he or she has not claimed or obtained
25
compensation (including in response to a notice under
26
subsection 104(2));
27
(e) the impact (including any financial impact), of the CEO
28
taking the action or taking over the conduct of the claim, on
29
the participant or prospective participant and his or her
30
family;
31
(f) any other matter the CEO considers relevant, having regard
32
to the objects and principles set out in Part 2 of Chapter 1 of
33
this Act.
34
Amendment of the National Disability Insurance Scheme Act 2013 Schedule 1
Amendments relating to compensation Part 5
National Disability Insurance Scheme Legislation Amendment Bill 2013 No. , 2013
15
(6) The CEO must not take any action to claim or obtain
1
compensation, or take over the conduct of an existing claim,
2
unless:
3
(a) the CEO has notified the participant or prospective
4
participant, in writing, that the action is being considered;
5
and
6
(b) 28 days have passed since the notice was given.
7
Schedule 2 Amendments of other Acts
16 National Disability Insurance Scheme Legislation Amendment Bill 2013 No. ,
2013
Schedule 2
--
Amendments of other Acts
1
2
Administrative Appeals Tribunal Act 1975
3
1 After paragraph 19(2)(b)
4
Insert:
5
(baaa) National Disability Insurance Scheme Division;
6
2 Paragraph 19(2)(c)
7
Omit "and".
8
3 After subsection 19(3B)
9
Insert:
10
National Disability Insurance Scheme Division
11
(3C) A member must not be assigned to the National Disability
12
Insurance Scheme Division unless the Minister has consulted with
13
the Minister responsible for administering the National Disability
14
Insurance Scheme Act 2013 in relation to the assignment of the
15
member.
16
(3D) A non-presidential member must not be assigned to the National
17
Disability Insurance Scheme Division unless the Minister is
18
satisfied that the non-presidential member:
19
(a) has training, knowledge or experience relating to disability;
20
or
21
(b) has other relevant knowledge or experience that will assist
22
the non-presidential member in considering matters relating
23
to the National Disability Insurance Scheme.
24
Age Discrimination Act 2004
25
4 After paragraph 41(1)(fb)
26
Insert:
27
(fba) the National Disability Insurance Scheme Act 2013; or
28
Amendments of other Acts Schedule 2
National Disability Insurance Scheme Legislation Amendment Bill 2013 No. , 2013
17
5 After subsection 41(2B)
1
Insert:
2
(2C) This Part does not make unlawful anything done by a person in
3
direct compliance with a regulation, rule or other instrument under
4
the National Disability Insurance Scheme Act 2013.
5
Social Security Act 1991
6
6 After paragraph 8(8)(jaf)
7
Insert:
8
(jag) an NDIS amount;
9
(jah) any return on a person's NDIS amounts that the person earns,
10
derives or receives;
11
7 Subsection 9(1)
12
Insert:
13
designated NDIS amount means:
14
(a) an NDIS amount that is deposited in an account with a
15
financial institution; and
16
(b) any return on the NDIS amount that a person earns, derives
17
or receives.
18
8 Subsection 9(1) (at the end of the definition of financial
19
investment)
20
Add "or a designated NDIS amount".
21
9 Subsection 9A(7) (paragraph (e) of the definition of liquid
22
assets)
23
Omit "person.", substitute "person;".
24
10 Subsection 9A(7) (at the end of the definition of liquid
25
assets)
26
Add:
27
but does not include the sum of NDIS amounts paid to the person
28
and any return on those amounts that the person earns, derives or
29
receives, less the sum of amounts spent by the person in
30
accordance with an NDIS plan under which the amounts were paid.
31
Schedule 2 Amendments of other Acts
18 National Disability Insurance Scheme Legislation Amendment Bill 2013 No. ,
2013
11 After paragraph 14A(1)(db)
1
Insert:
2
(dc) the sum of NDIS amounts paid to the person and any return
3
on those amounts that the person earns, derives or receives,
4
less the sum of amounts spent by the person in accordance
5
with an NDIS plan under which the amounts were paid; or
6
12 Section 19B (at the end of the definition of liquid assets)
7
Add:
8
; or (i) the sum of NDIS amounts paid to the person and any return
9
on those amounts that the person earns, derives or receives,
10
less the sum of amounts spent by the person in accordance
11
with an NDIS plan under which the amounts were paid.
12
13 Subsection 23(1)
13
Insert:
14
NDIS amount has the same meaning as in the National Disability
15
Insurance Scheme Act 2013.
16
NDIS participant means a participant within the meaning of the
17
National Disability Insurance Scheme Act 2013.
18
NDIS plan means a plan, for an NDIS participant, within the
19
meaning of the National Disability Insurance Scheme Act 2013.
20
14 After section 1037
21
Insert:
22
1038 Mobility allowance not payable when person is NDIS
23
participant
24
A mobility allowance is not payable to a person if:
25
(a) the person is an NDIS participant; and
26
(b) an NDIS plan is in effect for the NDIS participant; and
27
(c) the NDIS plan contains a statement specifying the reasonable
28
and necessary supports that will be funded under the National
29
Disability Insurance Scheme (within the meaning of the
30
National Disability Insurance Scheme Act 2013).
31
Amendments of other Acts Schedule 2
National Disability Insurance Scheme Legislation Amendment Bill 2013 No. , 2013
19
15 After paragraph 1118(1)(sa)
1
Insert:
2
(sb) if a person has received an NDIS amount--the amount
3
worked out under subsection (1AD);
4
16 After subsection 1118(1AC)
5
Insert:
6
NDIS amounts
7
(1AD) For the purposes of paragraph (1)(sb), the amount that may be
8
disregarded is the value of the sum of:
9
(a) the NDIS amounts received by the person; and
10
(b) any return on those amounts that the person earns, derives or
11
receives;
12
less the sum of the amounts spent by the person in accordance with
13
an NDIS plan (whether in the person's capacity as an NDIS
14
participant or as a person managing the funding under an NDIS
15
plan for an NDIS participant).
16
17 Application
--
qualification for health care card
17
(1)
This item applies to a person on a day, on or after the commencement of
18
this item, if:
19
(a) on that day the person is a participant (within the meaning of
20
the National Disability Insurance Scheme Act 2013); and
21
(b) immediately before becoming a participant the person was
22
receiving mobility allowance; and
23
(c) immediately before becoming a participant the person was
24
qualified for a health care card because of
25
subsection 1061ZK(7) of the Social Security Act 1991; and
26
(d) mobility allowance is not payable to the person because of
27
section 1038 of the Social Security Act 1991.
28
(2)
Subsection 1061ZK(7) of the Social Security Act 1991 continues to
29
apply to the person as if the person were receiving mobility allowance
30
on that day.
31
Schedule 2 Amendments of other Acts
20 National Disability Insurance Scheme Legislation Amendment Bill 2013 No. ,
2013
Veterans' Entitlements Act 1986
1
18 Section 5 (index of definitions)
2
Insert:
3
NDIS amount
5Q(1)
NDIS participant
5Q(1)
NDIS plan
5Q(1)
19 After paragraph 5H(8)(pab)
4
Insert:
5
(paba) an NDIS amount;
6
(pabb) any return on a person's NDIS amounts;
7
20 Subsection 5J(1)
8
Insert:
9
designated NDIS amount means:
10
(a) an NDIS amount that is deposited in an account with a
11
financial institution; and
12
(b) any return on the NDIS amount that a person earns, derives
13
or receives.
14
21 Subsection 5J(1) (at the end of the definition of financial
15
investment)
16
Add "or a designated NDIS amount".
17
22 Subsection 5JA(7) (paragraph (e) of the definition of liquid
18
assets)
19
Omit "person.", substitute "person;".
20
23 Subsection 5JA(7) (at the end of the definition of liquid
21
assets)
22
Add:
23
but does not include the sum of NDIS amounts paid to the person
24
and any return on those amounts that the person earns, derives or
25
receives, less the sum of amounts spent by the person in
26
accordance with an NDIS plan under which the amounts were paid.
27
Amendments of other Acts Schedule 2
National Disability Insurance Scheme Legislation Amendment Bill 2013 No. , 2013
21
24 Subsection 5Q(1)
1
Insert:
2
NDIS amount has the same meaning as in the National Disability
3
Insurance Scheme Act 2013.
4
NDIS participant means a participant within the meaning of the
5
National Disability Insurance Scheme Act 2013.
6
NDIS plan means a plan, for an NDIS participant, within the
7
meaning of the National Disability Insurance Scheme Act 2013.
8
25 After paragraph 52(1)(oa)
9
Insert:
10
(oaa) if a person has received an NDIS amount--the amount
11
worked out under subsection (1DAA);
12
26 After subsection 52(1D)
13
Insert:
14
NDIS amounts
15
(1DAA) For the purposes of paragraph (1)(oaa), the amount that may be
16
disregarded is the value of the sum of:
17
(a) the NDIS amounts received by the person; and
18
(b) any return on those amounts that the person earns, derives or
19
receives;
20
less the sum of the amounts spent by the person in accordance with
21
an NDIS plan (whether in the person's capacity as an NDIS
22
participant or as a person managing the funding under an NDIS
23
plan for an NDIS participant).
24
Schedule 3 Income tax amendments
22 National Disability Insurance Scheme Legislation Amendment Bill 2013 No. ,
2013
Schedule 3
--
Income tax amendments
1
2
Income Tax Assessment Act 1997
3
1 Section 11-
15 (after table item headed "life insurance
4
companies")
5
Insert:
6
National Disability Insurance Scheme
NDIS amounts ..................................................................... 52-180
2 Section 12-
5 (after table item headed "motor vehicles")
7
Insert:
8
National Disability Insurance Scheme
National Disability Insurance Scheme expenditure ............ 26-100
3 At the end of Division 26
9
Add:
10
26-100 National Disability Insurance Scheme expenditure
11
A participant (within the meaning of the National Disability
12
Insurance Scheme Act 2013) cannot deduct under this Act a loss or
13
outgoing to the extent the loss or outgoing is funded (including
14
funded by way of reimbursement) by an
*
NDIS amount the
15
participant
*
derives.
16
4 At the end of Subdivision 40-C
17
Add:
18
40-235 Adjustment: National Disability Insurance Scheme costs
19
The
*
cost of a
*
depreciating asset does not include an amount to the
20
extent that section 26-100 prevents the amount from being
21
deducted (even if some other provision also prevents it being
22
deducted).
23
Note:
Section 26-100 denies deductions for National Disability Insurance
24
Scheme expenditure.
25
Income tax amendments Schedule 3
National Disability Insurance Scheme Legislation Amendment Bill 2013 No. , 2013
23
5 At the end of Subdivision 52-H
1
Add:
2
52-180 National Disability Insurance Scheme amounts are exempt
3
An
*
NDIS amount
*
derived by a participant (within the meaning of
4
the National Disability Insurance Scheme Act 2013) is exempt
5
from income tax.
6
6 At the end of section 110-38
7
Add:
8
(7) Expenditure does not form any part of any element of the cost base
9
to the extent that section 26-100 prevents it being deducted (even if
10
some other provision also prevents it being deducted).
11
Note:
Section 26-100 denies deductions for National Disability Insurance
12
Scheme expenditure.
13
7 After subsection 110-55(9F)
14
Insert:
15
(9G) Expenditure does not form any part of any element of the reduced
16
cost base to the extent that section 26-100 prevents it being
17
deducted (even if some other provision also prevents it being
18
deducted).
19
Note:
Section 26-100 denies deductions for National Disability Insurance
20
Scheme expenditure.
21
8 Subsection 995-1(1)
22
Insert:
23
NDIS amount has the meaning given by the National Disability
24
Insurance Scheme Act 2013.
25
9 Application
26
The amendments made by this Schedule apply to assessments for the
27
2013-14 income year and later income years.
28
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