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This is a Bill, not an Act. For current law, see the Acts databases.
SOCIAL SECURITY AMENDMENT (TRAINING INCENTIVES) BILL 2009
2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Amendment (Training
Incentives) Bill 2009
No. , 2009
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the Social Security Act
1991, and for related purposes
i Social Security Amendment (Training Incentives) Bill 2009 No. , 2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Amendme nts
3
Part 1--Training supplement for parenting payment and
newstart allowance
3
Social Security Act 1991
3
Part 2--Youth allowance for early school leavers
8
Social Security Act 1991
8
Social Security Amendment (Training Incentives) Bill 2009 No. , 2009 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 may be cited as the Social Security Amendment (Training
5
Incentives) Act 2009.
6
2 Commence ment
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 (Training Incentives) 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 later of:
(a) immediately after the co mmencement of
items 2 to 5, 8 and 9 of Schedule 4 to the
Social Security Legislation Amendment
(Employment Services Reform) Act 2009;
and
(b) the day on which this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
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
12
Amend ments Schedule 1
Train ing supplement for parenting payment and newstart allo wance Part 1
Social Security Amendment (Training Incentives) Bill 2009 No. , 2009 3
Schedule 1
--
Amendments
1
Part 1
--
Training supplement for parenting payment
2
and newstart allowance
3
Social Security Act 1991
4
1 Subsection 23(1)
5
Insert:
6
approved training course for training supplement, for a person,
7
means a training course that is approved by the Secretary under
8
section 28B for training supplement for the person.
9
2 Subsection 23(1)
10
Insert:
11
training supplement means:
12
(a) an amount payable under subsection 503B(2) to a person
13
receiving a parenting payment; or
14
(b) an amount payable under subsection 644AAC(2) to a person
15
receiving newstart allowance.
16
3 After paragraph 23(4AA)(a)
17
Insert:
18
(aa) provisions in Chapter 2 that provide for an increase in a
19
person's rate of payment by an amount to be known as the
20
training supplement;
21
4 After section 28A
22
Insert:
23
28B Approved training courses for training supplement
24
(1) The Secretary may approve a training course for training
25
supplement for a person if:
26
(a) subsection (2) applies in relation to the person; and
27
(b) subsection (3) applies in relation to the course; and
28
Schedule 1 A mendments
Part 1 Training supplement fo r parenting payment and newstart allo wance
4 Social Security Amendment (Training Incentives) Bill 2009 No. , 2009
(c) the Secretary is satisfied that the person will meet the
1
requirements set out in paragraph (4)(a) or (b).
2
(2) This subsection applies in relation to the person if:
3
(a) the person has not completed the final year of secondary
4
school or an equivalent level of education; or
5
(b) the person:
6
(i) has been awarded a VET qualification accredited at
7
Certificate I, Certificate II, Certificate III or Certificate
8
IV level in the Australian Qualifications Framework;
9
and
10
(ii) is not studying for, and has not been awarded, a
11
qualification accredited at diploma level or higher in the
12
Australian Qualifications Framework.
13
(3) This subsection applies in relation to the course if:
14
(a) the course lasts not more than 12 months; and
15
(b) the course:
16
(i) is accredited at Certificate I, Certificate II, Certificate III
17
or Certificate IV level in the Australian Qualifications
18
Framework; or
19
(ii) in the Secretary's opinion, is equivalent to a course
20
accredited at any of those levels; and
21
(c) in a case where paragraph (2)(b) applies in relation to the
22
person, the course:
23
(i) leads to a qualification that, in the Australian
24
Qualifications Framework, is directly related to, and at a
25
higher level than, the person's VET qualification; or
26
(ii) would, in the Secretary's opinion, enhance the person's
27
prospects of employment by allowing the person to
28
acquire skills in a trade or field other than the trade or
29
field covered by the person's VET qualification.
30
(4) The requirements referred to in paragraph (1)(c) are that:
31
(a) the person will be a full-time student in respect of the course
32
within the meaning given by section 569C; or
33
(b) if the person has a partial capacity to work or is the principal
34
carer of at least one child--the person will undertake a
35
number of hours of study per week in respect of the course as
36
is reasonable in the person's circumstances.
37
Amend ments Schedule 1
Train ing supplement for parenting payment and newstart allo wance Part 1
Social Security Amendment (Training Incentives) Bill 2009 No. , 2009 5
(5) In this section:
1
Australian Qualifications Framework has the meaning given by
2
the Higher Education Support Act 2003.
3
5 Section 503AA
4
Before "An approved", insert "(1)".
5
6 At the end of section 503AA
6
Add:
7
(2) An approved program of work supplement under section 503A is
8
not payable to a person in respect of a fortnight if a training
9
supplement is payable to the person in respect of the fortnight.
10
7 At the end of Subdivision A of Division 4 of Part 2.10
11
Add:
12
503B Training supplement
13
(1) This section applies if a person:
14
(a) is receiving a parenting payment; and
15
(b) is a person to whom paragraph 500(1)(c) applies; and
16
(c) is participating in an approved training course for training
17
supplement for the person; and
18
(d) started participating in the course during the period beginning
19
on the day on which this section commenced and ending on
20
30 June 2011.
21
(2) The rate of the person's parenting payment is increased by an
22
amount of $41.60 (to be known as a training supplement) for each
23
fortnight during which the person participates in the course.
24
(3) However, a training supplement is not payable for a fortnight
25
during which the person participates in the course if:
26
(a) a Parenting Payment Employment Pathway Plan is in force in
27
relation to the person; and
28
(b) during the fortnight, the person ceases to participate in the
29
course in circumstances that constitute a failure to comply
30
with the plan.
31
Schedule 1 A mendments
Part 1 Training supplement fo r parenting payment and newstart allo wance
6 Social Security Amendment (Training Incentives) Bill 2009 No. , 2009
8 After subsection 601(4A)
1
Insert:
2
(4B) A person also satisfies the activity test in respect of a period if,
3
throughout the period, the person:
4
(a) is participating in an approved training course for training
5
supplement; and
6
(b) is, in the Secretary's opinion, making satisfactory progress
7
towards completing the course.
8
(4C) In forming an opinion about whether a person is making
9
satisfactory progress for the purpose of paragraph (4B)(b), the
10
Secretary must have regard to guidelines set under subsection
11
541B(3B).
12
9 Subsection 601(5)
13
After "subsection (1)", insert "or (4B)".
14
10 After section 644AAA
15
Insert:
16
644AAB Approved program of work suppleme nt not payable in
17
certain circumstances
18
An approved program of work supplement under section 644AAA
19
is not payable to a person in respect of a fortnight if a training
20
supplement is payable to the person in respect of the fortnight.
21
644AAC Training supplement
22
(1) This section applies if a person:
23
(a) is receiving newstart allowance; and
24
(b) is participating in an approved training course for training
25
supplement for the person; and
26
(c) started participating in the course during the period beginning
27
on the day on which this section commenced and ending on
28
30 June 2011.
29
(2) The rate of the person's newstart allowance is increased by an
30
amount of $41.60 (to be known as a training supplement) for each
31
fortnight during which the person participates in the course.
32
Amend ments Schedule 1
Train ing supplement for parenting payment and newstart allo wance Part 1
Social Security Amendment (Training Incentives) Bill 2009 No. , 2009 7
(3) However, a training supplement is not payable for a fortnight
1
during which the person participates in the course if, during the
2
fortnight, the person ceases to participate in the course in
3
circumstances that constitute:
4
(a) a failure of the activity test to which the person is subject; or
5
(b) if a Newstart Employment Pathway Plan is in force in
6
relation to the person--a failure to comply with a
7
requirement in the plan.
8
11 After subsection 1049(2)
9
Insert:
10
(2A) Language, literacy and numeracy supplement is not payable to a
11
person in respect of a fortnight if a training supplement is payable
12
to the person in respect of the fortnight.
13
12 At the end of Division 3 of Part 3.15A
14
Add:
15
1188KA CDEP Scheme Participant Supple ment not payable in
16
certain circumstances
17
A CDEP Scheme Participant Supplement is not payable to a person
18
in respect of a fortnight if a training supplement is payable to the
19
person in respect of the fortnight.
20
13 Subparagraph 1223(7)(b)(iii)
21
Repeal the subparagraph, substitute:
22
(iii) if the person was receiving a parenting payment or
23
newstart allowance--the rate of the person's parenting
24
payment or newstart allowance was increased by an
25
amount of training supplement when that rate should not
26
have been so increased; or
27
14 Paragraph 1223(7)(e)
28
Omit "newstart".
29
30
Schedule 1 A mendments
Part 2 Youth allowance for early school leavers
8 Social Security Amendment (Training Incentives) Bill 2009 No. , 2009
Part 2
--
Youth allowance for early school leavers
1
Social Security Act 1991
2
15 Subsection 23(1)
3
Insert:
4
early school leaver means a person who:
5
(a) is less than 21 years old; and
6
(b) has not completed the final year of secondary school, or an
7
equivalent level of education; and
8
(c) is not undertaking full-time study.
9
16 Paragraph 541(1)(b)
10
After "person" (first occurring), insert "(not being an early school
11
leaver)".
12
17 Paragraph 541(1AA)(b)
13
Omit "either", substitute "any of the following subparagraphs applies in
14
relation to the person".
15
18 Before subparagraph 541(1AA)(b)(i)
16
Insert:
17
(ia) the person is an early school leaver;
18
19 Subparagraph 541(1AA)(b)(i)
19
Omit "or".
20
20 Before paragraph 541(2)(a)
21
Insert:
22
(aa) the person is not an early school leaver; and
23
21 Section 541A
24
Before "A person", insert "(1)".
25
22 Paragraph 541A(c)
26
After "person", insert "(not being an early school leaver)".
27
23 Paragraph 541A(f)
28
Amend ments Schedule 1
Youth allowance for early school leavers Part 2
Social Security Amendment (Training Incentives) Bill 2009 No. , 2009 9
Omit "program; or", substitute "program.".
1
24 Paragraphs 541A(g) and (h)
2
Repeal the paragraphs.
3
25 At the end of section 541A
4
Insert:
5
(2) Paragraphs (1)(d) to (f) apply in relation to a person who is an
6
early school leaver only if:
7
(a) a Youth Allowance Employment Pathway Plan is in force in
8
relation to the person; and
9
(b) the plan requires the person to take part in a labour market
10
program or, as the case may be, to undertake an approved
11
program of work for income support payment.
12
26 After subparagraph 542A(1)(a)(i)
13
Insert:
14
(ia) if the person is an early school leaver and a Youth
15
Allowance Employment Pathway Plan is in force in
16
relation to the person--does not have the capacity to
17
undertake the required activities; or
18
27 Subparagraphs 542A(1)(d)(iii) and (iv)
19
Omit "study", substitute "study, the required activities".
20
28 Subsection 542A(3)
21
Insert:
22
required activities, in relation to an early school leaver in relation
23
to whom a Youth Allowance Employment Plan is in force, means
24
the activities required to be undertaken by the plan.
25
Note:
The heading to subsection 542A(3) is replaced by the heading "Definitions".
26
29 Subparagraph 542C(2)(a)(i)
27
Omit "work or study", substitute "study, the required activities or work
28
(as the case may be)".
29
30 Paragraph 542C(2)(b)
30
Schedule 1 A mendments
Part 2 Youth allowance for early school leavers
10 Social Security Amendment (Training Incentives) Bill 2009 No. , 2009
Omit "work or study", substitute "study, the required activities or work
1
(as the case may be)".
2
31 Paragraphs 542C(3)(c) and (d) and (4)(c) and (d)
3
Omit "work or study", substitute "study, the required activities or work
4
(as the case may be)".
5
32 Paragraph 542C(5)(b)
6
Omit "work or study", substitute "study, the required activities or work
7
(as the case may be)".
8
33 Subparagraph 542C(5)(c)(ii)
9
Omit "work or study", substitute "study, the required activities or work
10
(as the case may be)".
11
34 Paragraph 542C(6)(b)
12
Omit "work or study", substitute "study, the required activities or work
13
(as the case may be)".
14
35 Subparagraph 542C(6)(c)(ii)
15
Omit "work or study", substitute "study, the required activities or work
16
(as the case may be)".
17
36 Paragraph 542C(7)(c)
18
Omit "work or study", substitute "study, the required activities or work
19
(as the case may be)".
20
37 At the end of section 542C
21
Add:
22
Definition
23
(9) In this section:
24
required activities has the meaning given by subsection 542A(3).
25
38 At the end of paragraph 542E(1)(a)
26
Add:
27
(iii) in a case where the person is an early school leaver--
28
there is no locally accessible approved course of
29
Amend ments Schedule 1
Youth allowance for early school leavers Part 2
Social Security Amendment (Training Incentives) Bill 2009 No. , 2009 11
training or education within the meaning given by
1
subsection 544DA(6) (including any such course
2
available by distance education); and
3
39 Paragraph 543A(2)(c)
4
After "has", insert "entered into or".
5
40 Paragraph 543A(2A)(e)
6
Repeal the paragraph.
7
41 Paragraph 543A(2A)(l)
8
Omit "20", substitute "25".
9
42 Paragraph 543A(2A)(o)
10
Repeal the paragraph.
11
43 Subsection 544B(1)
12
Omit "544C and 544D", insert "544C, 544D and 544DA".
13
44 After section 544D
14
Insert:
15
544DA Youth Allowance Employme nt Pathway Plans--early school
16
leavers
17
(1) This section applies in relation to a Youth Allowance Employment
18
Pathway Plan that is in force in relation to a person who is an early
19
school leaver.
20
(2) Unless subsection (5) applies in relation to the person, the plan
21
must require the person to undertake for at least the appropriate
22
number of hours per week:
23
(a) one or more approved courses of training or education; or
24
(b) a combination of:
25
(i) one or more approved courses of training or education;
26
and
27
(ii) one or more other activities that the Secretary considers
28
suitable for the person.
29
Schedule 1 A mendments
Part 2 Youth allowance for early school leavers
12 Social Security Amendment (Training Incentives) Bill 2009 No. , 2009
(3) If subsection (5) applies in relation to the person, the plan must
1
require the person to undertake, for at least the appropriate number
2
of hours per week, one or more activities (other than an approved
3
course of training or education) that the Secretary considers
4
suitable for the person.
5
(4) The appropriate number of hours per week is:
6
(a) 25; or
7
(b) such other number as the Secretary determines to be
8
appropriate having regard to the person's circumstances.
9
(5) This subsection applies in relation to a person if:
10
(a) there is no locally accessible approved course of training or
11
education (including any such course available by distance
12
education); or
13
(b) where there is such a course:
14
(i) there is no place available on the course for the person;
15
or
16
(ii) the person is not qualified to undertake the course; or
17
(iii) the person lacks capacity to undertake the course
18
because he or she has a physical, psychiatric or
19
intellectual disability or a learning disability such as
20
attention deficit disorder; or
21
(c) in the Secretary's opinion, special circumstances exist that
22
make it unreasonable to require the person to undertake an
23
approved course of training or education.
24
(6) For the purposes of this section, a course is an approved course of
25
training or education for a person if it:
26
(a) is a course of study or instruction determined under
27
section 5D of the Student Assistance Act 1973 as a secondary
28
course or a tertiary course for the purposes of that Act; and
29
(b) would, in the Secretary's opinion, assist or allow the person
30
to complete the final year of secondary school or an
31
equivalent level of education.
32
(7) The Secretary may, by legislative instrument, set guidelines for the
33
exercise of the Secretary's discretion under (either or both):
34
(a) paragraph (5)(c); and
35
(b) paragraph (6)(b).
36
Amend ments Schedule 1
Youth allowance for early school leavers Part 2
Social Security Amendment (Training Incentives) Bill 2009 No. , 2009 13
(8) In forming an opinion for the purposes of paragraph (5)(c) or
1
(6)(b), the Secretary must have regard to the guidelines.
2
45 Application of amendments
3
(1)
The amendments made by this Part apply in relation to:
4
(a) payment of youth allowance claimed on or after the day on
5
which the amendments commence; and
6
(b) payment of youth allowance on or after 1 July 2010 in
7
respect of existing youth allowance recipients.
8
(2)
Despite paragraph (1)(b), if, during the transition period, an existing
9
youth allowance recipient (being an early school leaver) enters into a
10
Youth Allowance Employment Pathway Plan complying with the
11
requirements of section 544DA, the amendments made by this Part
12
apply to the payment of youth allowance to the existing youth
13
allowance recipient from the time the plan is entered into.
14
(3)
In this item:
15
existing youth allowance recipient means a person in receipt of youth
16
allowance as a result of a claim for youth allowance made before the
17
day on which the amendments made by this Part commence.
18
transition period means the period beginning on 1 January 2010 and
19
ending on 30 June 2010.
20