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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021-2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Amendment (Improved
Child to Adult Transfer for Carer
Payment and Carer Allowance) Bill 2022
No. , 2022
(Social Services)
A Bill for an Act to amend the Social Security Act
1991, and for related purposes
No. , 2022
Social Security Amendment (Improved Child to Adult Transfer for
Carer Payment and Carer Allowance) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Carer payment
3
Social Security Act 1991
3
Part 2--Carer allowance
7
Social Security Act 1991
7
Part 3--Health care card
9
Social Security Act 1991
9
No. , 2022
Social Security Amendment (Improved Child to Adult Transfer for
Carer Payment and Carer Allowance) Bill 2022
1
A Bill for an Act to amend the Social Security Act
1
1991, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Social Security Amendment (Improved Child to
5
Adult Transfer for Carer Payment and Carer Allowance) Act 2022
.
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
Social Security Amendment (Improved Child to Adult Transfer for
Carer Payment and Carer Allowance) Bill 2022
No. , 2022
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after 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 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repealed as set out in the applicable items in the Schedule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
Amendments
Schedule 1
Carer payment
Part 1
No. , 2022
Social Security Amendment (Improved Child to Adult Transfer for
Carer Payment and Carer Allowance) Bill 2022
3
Schedule 1--Amendments
1
Part 1--Carer payment
2
Social Security Act 1991
3
1 Subsection 197(2)
4
Omit "(6) and (7)", substitute "(5A), (6) and (7)".
5
2 Subsection 197(3)
6
Omit "subsection (7)", substitute "subsections (3A) and (7)".
7
3 Subsection 197(3)
8
Omit all the words after "paragraphs 197E(1)(a) and (b) apply in
9
relation to the person as a care receiver.".
10
4 After subsection 197(3)
11
Insert:
12
(3A) For the purposes of subsection (3), assume that
13
paragraph 197E(1)(a) continues to apply in relation to the person
14
(the
care receiver
)
after the care receiver turns 16 until the later of
15
the following:
16
(a) the end of the day before the day the care receiver turns 18;
17
(b) if a person who qualifies for a carer payment for caring for
18
the care receiver ensures that, on or before the day the care
19
receiver turns 18, the Secretary is given all the information,
20
statements and other materials that are needed in order for the
21
care receiver to be assessed and rated and given a score under
22
the Adult Disability Assessment Tool--the end of the day
23
before the first day on which the care receiver is given such a
24
score.
25
5 Subsections 197(4) and (5)
26
Omit "(6) and (7)", substitute "(5A), (6) and (7)".
27
6 After the heading to subsection 197(6)
28
Insert:
29
Schedule 1
Amendments
Part 1
Carer payment
4
Social Security Amendment (Improved Child to Adult Transfer for
Carer Payment and Carer Allowance) Bill 2022
No. , 2022
(5A) For the purposes of subsections (2), (4) and (5), assume that
1
paragraph 197B(1)(a) or 197C(1)(a) or
2
subparagraph 197D(1)(a)(ii) (as the case requires) continues to
3
apply in relation to the person (the
care receiver
)
after the care
4
receiver turns 16 until the later of the following:
5
(a) the end of the period of 3 months starting on the day the care
6
receiver turns 16;
7
(b) if a person who qualifies for a carer payment for caring for
8
the care receiver ensures that, on or before the day the care
9
receiver turns 16, the Secretary is given all the information,
10
statements and other materials that are needed in order for the
11
care receiver to be assessed and rated and given a score under
12
the Adult Disability Assessment Tool--the end of the day
13
before the first day on which the care receiver is given such a
14
score.
15
7 Subsection 197(6)
16
Omit "paragraph 197B(1)(a) or 197C(1)(a),
17
subparagraph 197D(1)(a)(ii) or".
18
8 Subsection 197E(2)
19
Repeal the subsection, substitute:
20
(2) Despite paragraph (1)(a), if:
21
(a) a person is qualified under subsection (1) for a carer payment
22
for caring for a care receiver aged under 16; and
23
(b) the care receiver turns 16; and
24
(c) apart from the care receiver turning 16, the person would
25
remain qualified for a carer payment under subsection (1);
26
then the person remains qualified for a carer payment under
27
subsection (1) until the later of the following:
28
(d) the end of the day before the day the care receiver turns 18;
29
(e) if the person ensures that, on or before the day the care
30
receiver turns 18, the Secretary is given all the information,
31
statements and other materials that are needed in order for the
32
care receiver to be assessed and rated and given a score under
33
the Adult Disability Assessment Tool--the end of the day
34
before the first day on which the care receiver is given such a
35
score.
36
Amendments
Schedule 1
Carer payment
Part 1
No. , 2022
Social Security Amendment (Improved Child to Adult Transfer for
Carer Payment and Carer Allowance) Bill 2022
5
9 Section 197K (heading)
1
Omit "
for up to 3 months
".
2
10 Paragraphs 197K(1)(b) and (c)
3
Repeal the paragraphs, substitute:
4
(b) the care receiver turns 16.
5
11 Subsection 197K(2)
6
Repeal the subsection, substitute:
7
(2) If, apart from the care receiver turning 16, the person would remain
8
qualified for a carer payment under that provision, then the person
9
remains qualified under that provision until the later of the
10
following:
11
(a) the end of the period of 3 months starting on the day the care
12
receiver turns 16;
13
(b) if the person ensures that, on or before the day the care
14
receiver turns 16, the Secretary is given all the information,
15
statements and other materials that are needed in order for the
16
care receiver to be assessed and rated and given a score under
17
the Adult Disability Assessment Tool--the end of the day
18
before the first day on which the care receiver is given such a
19
score.
20
12 Application of amendments
21
Definitions of sole care child, combined care child and
22
multiple care child
23
(1)
The amendments of subsection 197(3), and the insertion of
24
subsection 197(3A), of the
Social Security Act 1991
by this Part apply
25
in relation to a person if:
26
(a) paragraphs 197E(1)(a) and (b) of that Act apply in relation to
27
the person as a care receiver; and
28
(b) the person then turns 16 years of age on or after 1 January
29
2023;
30
whether the information, statements and other materials referred to in
31
paragraph 197(3A)(b) of that Act (as inserted by this Part) are given to
32
the Secretary before, on or after 1 January 2023.
33
Schedule 1
Amendments
Part 1
Carer payment
6
Social Security Amendment (Improved Child to Adult Transfer for
Carer Payment and Carer Allowance) Bill 2022
No. , 2022
(2)
The amendments of subsections 197(2), (4) and (5), the insertion of
1
subsection 197(5A), and the amendment of subsection 197(6), of the
2
Social Security Act 1991
by this Part apply in relation to a person if:
3
(a) paragraph 197B(1)(a) or 197C(1)(a), or
4
subparagraph 197D(1)(a)(ii), of that Act applies in relation to
5
the person as a care receiver; and
6
(b) the person then turns 16 years of age on or after 1 January
7
2023;
8
whether the information, statements and other materials referred to in
9
paragraph 197(5A)(b) of that Act (as inserted by this Part) are given to
10
the Secretary before, on or after 1 January 2023.
11
Qualification for carer payment
12
(3)
The repeal and substitution of subsection 197E(2) of the
Social Security
13
Act 1991
by this Part applies in relation to a care receiver who turns 16
14
years of age on or after 1 January 2023, whether the information,
15
statements and other materials referred to in paragraph 197E(2)(e) of
16
that Act (as substituted by this Part) are given to the Secretary before,
17
on or after 1 January 2023.
18
(4)
The amendments of section 197K of the
Social Security Act 1991
by
19
this Part apply in relation to a care receiver who turns 16 years of age
20
on or after 1 January 2023, whether the information, statements and
21
other materials referred to in paragraph 197K(2)(b) of that Act (as
22
substituted by this Part) are given to the Secretary before, on or after
23
1 January 2023.
24
Amendments
Schedule 1
Carer allowance
Part 2
No. , 2022
Social Security Amendment (Improved Child to Adult Transfer for
Carer Payment and Carer Allowance) Bill 2022
7
Part 2--Carer allowance
1
Social Security Act 1991
2
13 Section 953A (heading)
3
Omit "
up to 3 months
".
4
14 Subsection 953A(1)
5
After "remains qualified for carer allowance under that subsection for
6
that child until", insert "the later of the following".
7
15 Paragraphs 953A(1)(d) and (e)
8
Repeal the paragraphs, substitute:
9
(d) the end of the period of 3 months starting on the day the child
10
turns 16;
11
(e) if the person ensures that, on or before the day the child turns
12
16, the Secretary is given all the information, statements and
13
other materials that are needed in order for the child to be
14
assessed and rated and given a score under the Adult
15
Disability Assessment Tool--the end of the day before the
16
first day on which the child is given such a score.
17
16 Subsection 953A(2)
18
After "remains qualified for carer allowance under that subsection for
19
those children until", insert "the later of the following".
20
17 Paragraphs 953A(2)(d) and (e)
21
Repeal the paragraphs, substitute:
22
(d) the end of the period of 3 months starting on the relevant day;
23
(e) if the person ensures that, on or before the relevant day, the
24
Secretary is given all the information, statements and other
25
materials that are needed in order for each child who turns 16
26
on the relevant day to be assessed and rated and given a score
27
under the Adult Disability Assessment Tool--the end of the
28
day before the first day on which such a score is given to
29
such a child.
30
Schedule 1
Amendments
Part 2
Carer allowance
8
Social Security Amendment (Improved Child to Adult Transfer for
Carer Payment and Carer Allowance) Bill 2022
No. , 2022
18 Application of amendments
1
(1)
The amendments of subsection 953A(1) of the
Social Security Act 1991
2
made by this Part apply in relation to a disabled child referred to in
3
paragraph 953A(1)(a) of that Act who turns 16 years of age on or after
4
1 January 2023, whether the information, statements and other materials
5
referred to in paragraph 953A(1)(e) of that Act (as substituted by this
6
Part) are given to the Secretary before, on or after 1 January 2023.
7
(2)
The amendments of subsection 953A(2) of the
Social Security Act 1991
8
made by this Part apply in relation to disabled children referred to in
9
paragraph 953A(2)(a) of that Act if neither of the children turn 16 years
10
of age before 1 January 2023, whether the information, statements and
11
other materials referred to in paragraph 953A(2)(e) of that Act (as
12
substituted by this Part) are given to the Secretary before, on or after
13
1 January 2023.
14
Amendments
Schedule 1
Health care card
Part 3
No. , 2022
Social Security Amendment (Improved Child to Adult Transfer for
Carer Payment and Carer Allowance) Bill 2022
9
Part 3--Health care card
1
Social Security Act 1991
2
19 At the end of subsection 1061ZK(3)
3
Add:
4
Note:
For
disabled child
, see subsection (8).
5
20 Subsection 1061ZK(8)
6
Omit "this section", substitute "subsection (3)".
7
21 Subsection 1061ZK(8) (definition of disabled child)
8
After "under 16", insert "years and 3 months".
9
22 Application of amendments
10
The amendments of section 1061ZK of the
Social Security Act 1991
11
made by this Part apply in relation to a person who turns 16 years of age
12
on or after 1 January 2023.
13