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


SOCIAL SECURITY AND FAMILY ASSISTANCE LEGISLATION AMENDMENT (WEEKLY PAYMENTS) BILL 2010

2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security and Family Assistance
Legislation Amendment (Weekly
Payments) Bill 2010
No. , 2010
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the social security law
and family assistance law, and for related purposes
i Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill 2010
No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
1
Schedule 1--Weekly payments
3
Part 1--Family assistance
3
Division 1--Family tax benefit
3
A New Tax System (Family Assistance) (Administration) Act 1999
3
Division 2--Baby bonus: main amendment
4
A New Tax System (Family Assistance) (Administration) Act 1999
4
Division 3--Baby bonus: related provisions
8
A New Tax System (Family Assistance) Act 1999
8
Part 2--Social security
11
Division 1--Main amendment
11
Social Security (Administration) Act 1999
11
Division 2--Consequential amendments
12
Social Security Act 1991
12
Social Security (Administration) Act 1999
13
Schedule 2--Technical corrections
14
Social Security (Administration) Act 1999
14
Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill 2010
No. , 2010 1
A Bill for an Act to amend the social security law
1
and family assistance law, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Social Security and Family Assistance
5
Legislation Amendment (Weekly Payments) Act 2010.
6
2 Commencement
7
This Act commences on the day this Act receives the Royal
8
Assent.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
2 Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill
2010 No. , 2010
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Weekly payments Schedule 1
Family assistance Part 1
Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill 2010
No. , 2010 3
Schedule 1--Weekly payments
1
Part 1--Family assistance
2
Division 1--Family tax benefit
3
A New Tax System (Family Assistance) (Administration) Act
4
1999
5
1 Subsection 22(1)
6
After "under this Subdivision", insert "(except subsection 23(3B))".
7
2 Subsection 23(2) (paragraphs (a) and (b) of the definition of
8
instalment period)
9
Repeal the paragraphs, substitute:
10
(a) the period of 14 days beginning on the day the Secretary
11
considers appropriate in relation to the claimant, or class of
12
claimants in which the claimant is included, and each
13
successive period of 14 days; or
14
(b) if the claimant:
15
(i) is included in a class of persons specified under
16
subsection (3A); and
17
(ii) is the subject of a determination in force under
18
subsection (3B);
19
the period of 7 days beginning on the day the Secretary
20
considers appropriate, and each successive period of 7 days.
21
3 After subsection 23(3)
22
Insert:
23
Persons who may have 7-day instalment periods
24
(3A) The Minister may by legislative instrument specify a class of
25
persons any of whom the Secretary may determine to have 7-day
26
instalment periods.
27
(3B) The Secretary may determine that a claimant who is a member of a
28
class of persons specified under subsection (3A) has instalment
29
periods of 7 days.
30
Schedule 1 Weekly payments
Part 1 Family assistance
4 Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill
2010 No. , 2010
(3C) The Secretary must revoke a determination made under
1
subsection (3B) if he or she is satisfied that the claimant is no
2
longer a member of a class of persons specified under
3
subsection (3A).
4
(3D) Subsection (3C) does not limit the operation of subsection 33(3) of
5
the Acts Interpretation Act 1901 in relation to subsection (3B) of
6
this section.
7
4 At the end of section 25
8
Add:
9
(3) If, after the Secretary determines under subsection 23(3B) that a
10
claimant has instalment periods of 7 days:
11
(a) anything happens that causes the claimant to cease to be
12
a member of a class of persons specified under
13
subsection 23(3A); or
14
(b) the claimant becomes aware that anything is likely to
15
happen that will have that effect;
16
the claimant must, in the manner set out in a written notice given to
17
the claimant under section 25A, as soon as practicable after the
18
claimant becomes aware that the thing has happened or is likely to
19
happen, notify the Secretary that it has happened or is likely to
20
happen.
21
(4) If a thing that is described in both subsections (1) and (3) happens
22
or is likely to happen, subsection (1) applies in relation to the thing
23
but subsection (3) does not.
24
Division 2--Baby bonus: main amendment
25
A New Tax System (Family Assistance) (Administration) Act
26
1999
27
5 Section 47
28
Repeal the section, substitute:
29
Weekly payments Schedule 1
Family assistance Part 1
Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill 2010
No. , 2010 5
47 Payment of baby bonus
1
Payment over 13 fortnightly instalment periods
2
(1) The Secretary must, after each of the first 13 fortnightly instalment
3
periods ending after he or she determines the claimant is entitled to
4
be paid baby bonus, pay the claimant
1
/
13
of the amount of baby
5
bonus the claimant is entitled to.
6
Note:
Section 47AB provides for rounding of the amounts of payments.
7
Payment over 26 weekly instalment periods
8
(2) However, if the Secretary:
9
(a) determines that the claimant has a weekly instalment period;
10
and
11
(b) makes that determination before the end of what would, apart
12
from that determination, be the end of the claimant's first
13
fortnightly instalment period ending after the making of the
14
determination that the claimant is entitled to be paid baby
15
bonus;
16
the Secretary must, after each of the first 26 weekly instalment
17
periods ending after the determination of entitlement is made, pay
18
the claimant
1
/
26
of the amount of baby bonus the claimant is
19
entitled to.
20
Note:
Section 47AB provides for rounding of the amounts of payments.
21
Alternative payment arrangements in certain cases
22
(3) The Secretary may direct that the whole or a part of an amount that
23
is to be paid for the purposes of subsection (1) or (2) is to be paid
24
in a way different from that provided for by that subsection if:
25
(a) the claimant is entitled to be paid baby bonus because of
26
eligibility under subsection 36(2), (3) or (5) of the Family
27
Assistance Act and the child dies before the claimant is paid
28
all of the amounts under subsection (1) or (2) of this section;
29
or
30
(b) the claimant is entitled to be paid baby bonus because of
31
eligibility under subsection 36(4) of the Family Assistance
32
Act; or
33
(c) the Secretary makes a determination under paragraph
34
37(3)(b) of the Family Assistance Act; or
35
Schedule 1 Weekly payments
Part 1 Family assistance
6 Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill
2010 No. , 2010
(d) after a payment is made to the claimant under subsection (1)
1
of this section, the Secretary determines that the claimant has
2
a weekly instalment period; or
3
(e) after a payment is made to the claimant under subsection (2)
4
of this section, the Secretary revokes a determination that the
5
claimant has a weekly instalment period.
6
Payment to bank account
7
(4) The Secretary must make a payment under subsection (1), (2) or
8
(3) at such time as the Secretary considers appropriate and to the
9
credit of a bank account nominated and maintained by the
10
claimant.
11
Payment not to bank account
12
(5) However, the Secretary may direct that the whole or a part of an
13
amount that is to be paid under subsection (1), (2) or (3) is to be
14
paid in a way other than by payment to the credit of a bank account
15
nominated and maintained by the claimant.
16
Early payment
17
(6) If the Secretary is satisfied that an amount that would, apart from
18
this subsection, be paid under subsection (1), (2) or (3) on a
19
particular day cannot reasonably be paid on that day, the Secretary
20
may direct that the amount be paid on an earlier day.
21
Effect of directions
22
(7) If the Secretary gives a direction under this section about the
23
payment of an amount, the amount is to be paid in accordance with
24
the direction, despite any other subsection of this section.
25
Persons who may have weekly instalment periods
26
(8) The Minister may by legislative instrument specify a class of
27
persons any of whom the Secretary may determine to have weekly
28
instalment periods.
29
(9) The Secretary may determine that a claimant who is a member of a
30
class of persons specified under subsection (8) has weekly
31
instalment periods.
32
Weekly payments Schedule 1
Family assistance Part 1
Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill 2010
No. , 2010 7
(10) The Secretary must revoke a determination made under
1
subsection (9) if he or she is satisfied that the claimant is no longer
2
a member of a class of persons specified under subsection (8).
3
(11) Subsection (10) does not limit the operation of subsection 33(3) of
4
the Acts Interpretation Act 1901 in relation to subsection (9) of this
5
section.
6
Secretary may change beginning of instalment periods
7
(12) The Secretary may change, for the purposes of subsections (1) and
8
(2), the day on which successive instalment periods are to begin in
9
relation to a claimant or class of claimants. If the Secretary does so,
10
the last instalment period before the first day on which the new
11
instalment periods are to begin is shortened so that it ends
12
immediately before that day.
13
Definitions
14
(13) In this section:
15
fortnightly instalment period means, subject to subsection (12):
16
(a) the period of 14 days beginning on the day the Secretary
17
considers appropriate in relation to the claimant, or class of
18
claimants in which the claimant is included; and
19
(b) each successive period of 14 days.
20
instalment period means a fortnightly instalment period or a
21
weekly instalment period.
22
weekly instalment period means, subject to subsection (12):
23
(a) the period of 7 days beginning on the day the Secretary
24
considers appropriate in relation to the claimant, or class of
25
claimants in which the claimant is included; and
26
(b) each successive period of 7 days.
27
47AA Payment of maternity immunisation allowance
28
(1) If the claimant is entitled to be paid maternity immunisation
29
allowance, the Secretary must pay it to the claimant, at such time
30
as the Secretary considers appropriate and to the credit of a bank
31
account nominated and maintained by the claimant.
32
Note:
Section 47AB provides for rounding of the amounts of payments.
33
Schedule 1 Weekly payments
Part 1 Family assistance
8 Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill
2010 No. , 2010
Alternative payment arrangements
1
(2) The Secretary may direct that the whole or a part of an amount that
2
is to be paid for the purposes of subsection (1) is to be paid in a
3
way different from that provided for by that subsection. If the
4
Secretary gives the direction, the amount is to be paid in
5
accordance with the direction (despite that subsection).
6
47AB Other rules about payments of baby bonus and maternity
7
immunisation allowance
8
Rounding of payments
9
(1) If an amount to be paid under section 47 or 47AA is not a whole
10
number of cents, it must be rounded to the nearest cent (rounding
11
0.5 cents upwards).
12
Relationship of sections 47 and 47AA with other provisions
13
(2) Sections 47 and 47AA are subject to Part 4, Division 3 of Part 8B
14
and sections 225 and 226.
15
Division 3--Baby bonus: related provisions
16
A New Tax System (Family Assistance) Act 1999
17
6 Subparagraph 38(c)(ii)
18
Omit "47(1AA)", substitute "47(1), (2) or (3)".
19
7 Application provision
20
(1)
Sections 47 and 47AB of the A New Tax System (Family Assistance)
21
(Administration) Act 1999 as amended by this Schedule apply in
22
relation to claimants who have been determined before, on or after the
23
commencement of this Schedule to be entitled to be paid baby bonus.
24
(2)
Sections 47AA and 47AB of the A New Tax System (Family Assistance)
25
(Administration) Act 1999 as amended by this Schedule apply in
26
relation to claimants who have been determined before, on or after the
27
commencement of this Schedule to be entitled to be paid maternity
28
immunisation allowance.
29
Weekly payments Schedule 1
Family assistance Part 1
Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill 2010
No. , 2010 9
8 Transitional provisions
1
(1)
The Secretary may give a direction under subsection 47(3) of the A New
2
Tax System (Family Assistance) (Administration) Act 1999, as amended
3
by this Schedule, in relation to a claimant who:
4
(a) has been determined before the commencement of this
5
Schedule to be entitled to be paid baby bonus; and
6
(b) has been determined under subsection 47(9) of that Act (as
7
amended by this Schedule) to have weekly instalment
8
periods.
9
(2)
Subparagraph 38(c)(ii) of the A New Tax System (Family Assistance)
10
Act 1999 applies on and after the commencement of this Part as if a
11
reference in that subparagraph to subsection 47(1), (2) or (3) of the A
12
New Tax System (Family Assistance) (Administration) Act 1999
13
included a reference to:
14
(a) subsection 47(1AA) or (4A) of that Act as in force
15
immediately before that commencement; and
16
(b) subsection 47(1A), (2), (3) or (5) of that Act as in force
17
immediately before 1 January 2009.
18
(3)
A direction that is described in column 1 of an item of the table and was
19
in force immediately before the commencement of this Part has effect
20
on and after that commencement as if it were a direction described in
21
column 2 of the item that had been given at that commencement.
22
23
Transitional provision for directions
Item Column
1
Direction under section 47 of the A
New Tax System (Family
Assistance) (Administration) Act
1999 as in force immediately
before commencement
Column 2
Direction under the A New Tax
System (Family Assistance)
(Administration) Act 1999 as
amended by this Part
1
Direction under subsection 47(1AB)
Direction under subsection 47(5)
2
Direction under subsection 47(4A),
so far as it relates to amounts or
timing of payments
Direction under subsection 47(3)
3
Direction under subsection 47(4A),
so far as it relates to the making of a
payment by means other than paying
to the credit of a bank account
Direction under subsection 47(5)
Schedule 1 Weekly payments
Part 1 Family assistance
10 Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill
2010 No. , 2010
Transitional provision for directions
Item Column
1
Direction under section 47 of the A
New Tax System (Family
Assistance) (Administration) Act
1999 as in force immediately
before commencement
Column 2
Direction under the A New Tax
System (Family Assistance)
(Administration) Act 1999 as
amended by this Part
nominated and maintained by the
claimant
4
Direction under subsection 47(5)
Direction under subsection 47AA(2)
5
Direction under subsection 47(6)
Direction under subsection 47(6)
1
Weekly payments Schedule 1
Social security Part 2
Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill 2010
No. , 2010 11
Part 2--Social security
1
Division 1--Main amendment
2
Social Security (Administration) Act 1999
3
9 After subsection 43(3)
4
Insert:
5
Weekly payments of a social security periodic payment
6
(3A) The Secretary may determine that a person is to be paid the total
7
amount of the social security periodic payment relating to an
8
instalment period of 14 days determined under subsection (1) in 2
9
payments (the part payments) if the person is a member of a class
10
specified under subsection (3B).
11
(3B) The Minister may by legislative instrument specify a class of
12
persons for the purposes of subsection (3A).
13
(3C) The first of the part payments:
14
(a) is not to exceed the total of the amounts of the social security
15
periodic payment (calculated by reference to the daily rate of
16
payment applicable to each day, subject to subsections (4)
17
and (5A)) payable to the person for days that:
18
(i) are days on which the social security periodic payment
19
was payable to the person; and
20
(ii) are included in the first 7 days of the instalment period;
21
and
22
(b) is to be paid at a time determined by the Secretary that is
23
after the first 7 days of the instalment period.
24
(3D) The other of the part payments:
25
(a) is the excess of the amount that is to be paid to a person as
26
the instalment of the social security periodic payment in
27
relation to the instalment period (see subsection (3)) over the
28
first of the part payments; and
29
(b) is to be paid at a time determined by the Secretary that is
30
after the end of the instalment period.
31
Schedule 1 Weekly payments
Part 2 Social security
12 Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill
2010 No. , 2010
(3E) If the person is, or is to be, paid the total amount of the social
1
security periodic payment relating to the instalment period in part
2
payments, then it is taken for the purposes of the social security
3
law that:
4
(a) a single instalment of the social security periodic payment is,
5
or is to be, paid in relation to the period; and
6
(b) that instalment is, or is to be, paid when the last of the part
7
payments is, or is to be, made; and
8
(c) that instalment is equal to the total of the part payments.
9
Note:
The total of the part payments equals the amount worked out under
10
subsection (3) (as affected by subsection (4), if relevant) as the
11
amount to be paid to the person as the instalment of the social security
12
periodic payment in relation to the instalment period.
13
(3F) However, the following provisions of this Act (about deductions
14
from instalments) apply as if each of the part payments were a
15
separate instalment:
16
(a)
section
61;
17
(b) Division 5 of Part 3B;
18
(c)
subsection
238(2).
19
Minimum daily rate
20
Note 1: The following heading to subsection 43(1) is inserted "Payment in arrears in relation to
21
periods".
22
Note 2: The following heading to subsection 43(2) is inserted "Timing of payments of
23
instalments".
24
Note 3: The following heading to subsection 43(3) is inserted "Total instalment relating to a
25
period".
26
Note 4: The following heading to subsection 43(5A) is inserted "No reduction of portion of
27
quarterly pension supplement relating to a day".
28
Note 5: The following heading to subsection 43(6) is inserted "Instalment periods".
29
Division 2--Consequential amendments
30
Social Security Act 1991
31
10 Subsection 23(1) (at the end of the definition of payday)
32
Add:
33
Note:
Subsection 43(3E) of the Administration Act affects when an
34
instalment is, or would normally be, paid to a person if the Secretary
35
has determined under subsection 43(3A) of that Act that the person is
36
Weekly payments Schedule 1
Social security Part 2
Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill 2010
No. , 2010 13
to be paid the total amount of a social security periodic payment
1
relating to an instalment period in 2 payments.
2
Social Security (Administration) Act 1999
3
11 Subsection 54(1) (at the end of the definition of
4
instalment)
5
Add:
6
Note:
Subsection 43(3E) affects what is an instalment of a social security
7
periodic payment if the Secretary has determined under subsection
8
43(3A) that a person is to be paid the total amount of a social security
9
periodic payment relating to an instalment period in 2 payments.
10
11
Schedule 2 Technical corrections
14 Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill
2010 No. , 2010
Schedule 2--Technical corrections
1
2
Social Security (Administration) Act 1999
3
1 Paragraphs 43(4)(c) and (5A)(a)
4
After "subsection 1061VA(1)", insert "of the 1991 Act".
5
Note:
This clarifies cross-references.
6
2 Subsection 43(5A)
7
After "subsection 1210(3)" (wherever occurring), insert "of the 1991
8
Act".
9
Note:
This clarifies cross-references.
10

 


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