SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (SENIORS HEALTH CARD AND OTHER MEASURES) BILL 2014

2013-2014

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Social Services and Other Legislation

Amendment (Seniors Health Card and

Other Measures) Bill 2014

No. , 2014

(Social Services)

A Bill for an Act to amend the law relating to social

security, student assistance, aged care, health,

data-matching and veterans' entitlements, and for

related purposes

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

Contents

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

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

Schedule(s) ........................................................................................ 5

Schedule 1--Indexation of seniors health card income limit

Social Security Act 1991

Veterans' Entitlements Act 1986

Schedule 2--Review of decisions

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

Social Security (Administration) Act 1999

Student Assistance Act 1973

Schedule 3--Machinery of government changes

Data-matching Program (Assistance and Tax) Act 1990

Social Security Act 1991

Social Security (Administration) Act 1999

Schedule 4--Aged care amendments

Part 1--Main amendments

Aged Care Act 1997

Aged Care (Transitional Provisions) Act 1997

Health and Other Services (Compensation) Act 1995

Part 2--Contingent amendments

Social Security (Administration) Act 1999

Schedule 5--Definitions and technical corrections

Part 1--Signposting definitions

Social Security Act 1991

Part 2--Technical corrections

Social Security Act 1991

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

A Bill for an Act to amend the law relating to social

security, student assistance, aged care, health,

data-matching and veterans' entitlements, and for

related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Social Services and Other Legislation

Amendment (Seniors Health Card and Other Measures) Act 2014.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

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. Schedules 1, 2

and 3

The day after this Act receives the Royal

Assent.

3. Schedule 4,

items 1 to 14

As follows:

(a) if this Act receives the Royal Assent

before 1 July 2014--immediately after

the commencement of Part 2 of

Schedule 5 to the Aged Care (Living

Longer Living Better) Act 2013;

(b) if this Act receives the Royal Assent on

or after 1 July 2014--the 28th day after

this Act receives the Royal Assent.

4. Schedule 4,

item 15

The later of:

(a) the start of the day this Act receives the

Royal Assent; and

(b) immediately after the commencement of

Part 2 of Schedule 5 to the Aged Care

(Living Longer Living Better) Act 2013.

5. Schedule 4,

items 16 and 17

Immediately after the commencement of the

provision(s) covered by table item 3.

However, the provision(s) do not commence

at all if item 106 of Schedule 2 to the Farm

Household Support (Consequential and

Transitional Provisions) Act 2014

commences before the time the provision(s)

covered by table item 3 commence.

6. Schedule 4,

item 18

The later of:

(a) immediately after the commencement of

the provision(s) covered by table item 3;

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

and

(b) immediately after the commencement of

item 106 of Schedule 2 to the Farm

Household Support (Consequential and

Transitional Provisions) Act 2014.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

7. Schedule 4,

items 19 and 20

Immediately after the commencement of the

provision(s) covered by table item 3.

However, the provision(s) do not commence

at all if item 109 of Schedule 2 to the Farm

Household Support (Consequential and

Transitional Provisions) Act 2014

commences before the time the provision(s)

covered by table item 3 commence.

8. Schedule 4,

items 21 and 22

The later of:

(a) immediately after the commencement of

the provision(s) covered by table item 3;

and

(b) immediately after the commencement of

item 109 of Schedule 2 to the Farm

Household Support (Consequential and

Transitional Provisions) Act 2014.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

9. Schedule 4,

item 23

The later of:

(a) immediately after the commencement of

the provision(s) covered by table item 3;

and

(b) immediately after the commencement of

item 112 of Schedule 2 to the Farm

Household Support (Consequential and

Transitional Provisions) Act 2014.

However, the provision(s) do not commence

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

at all if the event mentioned in paragraph (b)

does not occur.

10. Schedule 4,

item 24

Immediately after the commencement of the

provision(s) covered by table item 3.

However, the provision(s) do not commence

at all if item 112 of Schedule 2 to the Farm

Household Support (Consequential and

Transitional Provisions) Act 2014

commences before the time the provision(s)

covered by table item 3 commence.

11. Schedule 4,

item 25

As follows:

(a) if this Act receives the Royal Assent

before 1 July 2014--immediately after

the commencement of Part 2 of

Schedule 5 to the Aged Care (Living

Longer Living Better) Act 2013;

(b) if this Act receives the Royal Assent on

or after 1 July 2014--the 28th day after

this Act receives the Royal Assent.

12. Schedule 4,

item 26

Immediately after the commencement of the

provision(s) covered by table item 3.

However, the provision(s) do not commence

at all if item 117 of Schedule 2 to the Farm

Household Support (Consequential and

Transitional Provisions) Act 2014

commences before the time the provision(s)

covered by table item 3 commence.

13. Schedule 4,

item 27

The later of:

(a) immediately after the commencement of

the provision(s) covered by table item 3;

and

(b) immediately after the commencement of

item 117 of Schedule 2 to the Farm

Household Support (Consequential and

Transitional Provisions) Act 2014.

However, the provision(s) do not commence

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

at all if the event mentioned in paragraph (b)

does not occur.

14. Schedule 4,

item 28

As follows:

(a) if this Act receives the Royal Assent

before 1 July 2014--immediately after

the commencement of Part 2 of

Schedule 5 to the Aged Care (Living

Longer Living Better) Act 2013;

(b) if this Act receives the Royal Assent on

or after 1 July 2014--the 28th day after

this Act receives the Royal Assent.

15. Schedule 5

The later of:

(a) the start of the day this Act receives the

Royal Assent; and

(b) immediately after the commencement of

Part 2 of Schedule 5 to the Aged Care

(Living Longer Living Better) Act 2013.

Note:

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

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be 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.

Schedule 1 Indexation of seniors health card income limit

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

Schedule 1

--Indexation of seniors health card

income limit

Social Security Act 1991

1 At the end of point 1071-12

Add:

Note:

The amounts in column 3 are to be indexed on 20 September 2014 and

each later 20 September in line with CPI increases (see sections 1190

to 1194).

2 Section 1190 (after table item 36)

Insert:

Income limits

36A.

seniors health card

income limit

seniors health card

income limit

[Point 1071-12--table--

column 3--all amounts]

3 Subsection 1191(1) (after table item 26)

Insert:

Income limits

26A.

seniors health card

income limit

20 September

June

highest June

quarter

before

reference

quarter (but

not earlier

than June

quarter

2013)

$1.00

4 After subsection 1192(5A)

Insert:

(5B) The first indexation of amounts under item 26A of the CPI

Indexation Table in subsection 1191(1) is to take place on

20 September 2014.

Indexation of seniors health card income limit Schedule 1

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

Veterans' Entitlements Act 1986

5 At the end of point 118ZZA-11

Add:

Note 4:

The amounts in column 3 are to be indexed on 20 September 2014 and

each later 20 September in line with CPI increases (see

section 198FAA).

6 After section 198FA

Insert:

198FAA Indexation of seniors health card income limit

(1) This section applies to the dollar amount mentioned in column 3 of

item 1, 2, 3 or 4 of the table in point 118ZZA-11.

(2) That dollar amount, for an indexation day on which the indexation

factor is greater than 1, is replaced by the amount that is worked

out using the following formula:

Dollar amount on the day

Indexation factor

before the indexation day

for the indexation day

(3) The indexation factor for an indexation day is the number worked

out using the following formula:

Index number for the most recent June quarter

before the indexation day

Highest index number for an earlier June quarter

(but not earlier than June quarter 2013)

(4) The indexation factor is to be calculated to 3 decimal places, but

increased by 0.001 if the fourth decimal place is more than 4.

(5) If an amount worked out under subsection (2) is not a multiple of a

dollar, the amount is to be rounded to the nearest multiple of a

dollar (rounding up in the case of 50 cents).

(6) In this section:

indexation day means 20 September 2014 and each later

20 September.

Schedule 2 Review of decisions

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

Schedule 2

--Review of decisions

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

1999

1 Subsection 149(2)

Omit "the prescribed number of copies of the statement prepared by the

SSAT under paragraph 141(1)(a) of this Act", substitute "2 copies of

the statement prepared by the SSAT under subparagraph 141(1A)(c)(ii)

or paragraph 141(1)(a) of this Act".

Social Security (Administration) Act 1999

2 Subsection 186(2)

Omit "the prescribed number of copies of the statement prepared by the

SSAT under paragraph 177(1)(a)", substitute "2 copies of the statement

prepared by the SSAT under subparagraph 177(1A)(c)(ii) or

paragraph 177(1)(a) of this Act".

Student Assistance Act 1973

3 Subsection 3(1)

Insert:

Principal Member means the Principal Member of the Social

Security Appeals Tribunal.

4 Subsection 3(1) (definition of

Social Security or Veterans'

legislation overpayment)

Repeal the definition.

5 Subsection 303(5) (heading)

Repeal the heading, substitute:

Review of decisions Schedule 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

Notice to Principal Member

6 Subsection 303(5)

Omit "National Convener", substitute "Principal Member".

7 Section 310 (note)

Repeal the note.

8 Subsection 316(1)

Omit "(other than a decision referred to in subsection (7))".

9 Subsection 316(1) (note)

Repeal the note.

10 Subsection 321(3)

Omit "either".

11 Paragraph 321(3)(d)

Repeal the paragraph, substitute:

(d) request the Principal Member to dismiss the application

under section 322A; or

(e) notify, under section 322B, the Social Security Appeals

Tribunal that the application is discontinued or withdrawn.

12 Subsection 322(3)

Omit "National Convener", substitute "Principal Member".

13 Subsection 322(5) (heading)

Repeal the heading, substitute:

Principal Member may make order

14 Subsection 322(5)

Omit "National Convener", substitute "Principal Member".

15 Subsection 322(5) (note)

Repeal the note.

Schedule 2 Review of decisions

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

16 At the end of Division 2 of Part 9

Add:

322A Dismissal of application for review by SSAT

(1) The Principal Member may, on the request of a party or on his or

her own initiative, dismiss an application for review of a decision

if:

(a) the decision is not reviewable under this Division; or

(b) the application is frivolous or vexatious; or

(d) the Principal Member is satisfied:

(i) after having communicated with each party; or

(ii) after having made reasonable attempts to communicate

with each party and having failed to do so;

or a combination of both, that none of the parties intends to

proceed with the application; or

(e) all of the parties fail to attend the hearing.

(2) The Principal Member may dismiss an application under

paragraph (1)(b) only if:

(a) one of the following applies:

(i) the Principal Member has received and considered

submissions from the applicant for review;

(ii) the Principal Member has otherwise communicated with

the applicant in relation to the grounds of the

application;

(iii) the Principal Member has made reasonable attempts to

communicate with the applicant in relation to the

grounds of the application and has failed to do so; and

(b) all of the parties (other than the applicant) consent to the

dismissal.

(3) If the Principal Member dismisses an application under

subsection (1) (other than under paragraph (1)(b)), a party to the

review may:

(a) within 28 days after receiving notification that the application

has been dismissed; or

Review of decisions Schedule 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

(b) within such longer period as the Principal Member, in special

circumstances, allows;

request that the Principal Member reinstate the application.

(4) If the Principal Member considers it appropriate to do so, he or she

may reinstate the application and give such directions as he or she

considers appropriate in the circumstances.

(5) If it appears to the Principal Member that an application has been

dismissed under subsection (1) in error, he or she may, on the

request of a party to the review or on his or her own initiative,

reinstate the application and give such directions as he or she

considers appropriate in the circumstances.

322B Applicant for review may discontinue or withdraw application

(1) An applicant for review may notify the Social Security Appeals

Tribunal at any time that the application for review is discontinued

or withdrawn.

(2) If the applicant orally notifies the Social Security Appeals

Tribunal, the person who receives the notification must make a

written record of the day on which the notification was given.

(3) If notification is given under subsection (1), the Principal Member

is taken to have dismissed the application.

(4) If the Principal Member dismisses an application under

subsection (3), the applicant may:

(a) within 28 days after receiving notification that the application

has been dismissed; or

(b) within such longer period as the Principal Member, in special

circumstances, allows;

request that the Principal Member reinstate the application.

(5) If the Principal Member considers it appropriate to do so, he or she

may reinstate the application and give such directions as he or she

considers appropriate in the circumstances.

Schedule 2 Review of decisions

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

322C Notification of decisions

Social Security Appeals Tribunal affirms decisions

(1) If the Social Security Appeals Tribunal makes a decision on a

review and the decision is of a kind mentioned in

paragraph 316(1)(a), the Tribunal must:

(a) prepare a written statement (the initial statement) that sets

out the decision of the Tribunal on the review; and

(b) give each party to the review a copy of the initial statement

within 14 days after making the decision; and

(i) give reasons for the decision orally to each party to the

review and explain that the party may make a written

request for a statement under subparagraph (ii) within

14 days after the copy of the initial statement is given to

the party; or

(ii) give each party to the review a written statement

(whether or not as part of the initial statement) that sets

out the reasons for the decision, sets out the findings on

any material questions of fact and refers to evidence or

other material on which the findings of fact are based;

and

(d) return to the Secretary any document that the Secretary has

provided to the Tribunal in connection with the review; and

(e) give the Secretary a copy of any other document that contains

evidence or material on which the findings of fact are based.

(2) If the Social Security Appeals Tribunal does not give a written

statement to a party under subparagraph (1)(c)(ii), the party may,

within 14 days after the copy of the initial statement is given to the

party, make a written request of the Tribunal for such a statement.

(3) The Social Security Appeals Tribunal must comply with a request

under subsection (2) within 14 days after the day on which it

receives the request.

Review of decisions Schedule 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

Social Security Appeals Tribunal varies decisions or sets decisions

aside

(4) If the Social Security Appeals Tribunal makes a decision on a

review and the decision is of a kind mentioned in

paragraph 316(1)(b) or (c), the Tribunal must:

(a) prepare a written statement that:

(i) sets out the decision of the Tribunal on the review; and

(ii) sets out the reasons for the decision; and

(iii) sets out the findings on any material questions of fact;

and

(iv) refers to evidence or other material on which the

findings of fact are based; and

(b) give each party to the review a copy of the statement referred

to in paragraph (a) within 14 days after the making of the

decision in relation to the review; and

provided to the Tribunal in connection with the review; and

(d) give the Secretary a copy of any other document that contains

evidence or material on which the findings of fact are based.

Notice of further review right

(5) After the Social Security Appeals Tribunal determines a review,

the Principal Member must give each party to the review (except

the Secretary) a written notice stating that, if the party is

dissatisfied with the Tribunal's decision, application may, subject

to the Administrative Appeals Tribunal Act 1975, be made to the

Administrative Appeals Tribunal for review of the decision.

(6) A failure to comply with subsection (5) in relation to a decision of

the Social Security Appeals Tribunal does not affect the validity of

the decision.

17 Section 328

Repeal the section.

Schedule 2 Review of decisions

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

18 Subsection 331(2)

Omit "the prescribed number of copies of the statement prepared by the

Social Security Appeals Tribunal under paragraph 1281(1)(a) of the

Social Security Act", substitute "2 copies of the statement prepared by

the Social Security Appeals Tribunal under subparagraph 322C(1)(c)(ii)

or paragraph 322C(4)(a) of this Act".

19 Subsection 331(3) (notes 1 and 2)

Repeal the notes.

20 Section 332

Omit "section 333", substitute "section 324".

21 Section 332

Omit "National Convener", substitute "Principal Member".

22 Section 332 (note)

Repeal the note, substitute:

Note:

The effect of this section is that if the Administrative Appeals

Tribunal considers that the statement referred to in paragraph 37(1)(a)

of the Administrative Appeals Tribunal Act 1975 is not adequate, it

may order the Principal Member to lodge an additional statement

containing further and better particulars.

23 Paragraph 335(1)(c)

Omit "National Convener of the Social Security Appeals Tribunal",

substitute "Principal Member".

24 Subsection 335(4) (heading)

Repeal the heading, substitute:

Principal Member and Tribunal to have regard to statement

25 Subsection 335(4)

Omit "National Convener" (wherever occurring), substitute "Principal

Member".

Review of decisions Schedule 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

26 Section 336 (heading)

Repeal the heading, substitute:

336 The Secretary and Principal Member may agree on

administrative arrangements

27 Section 336

Omit "National Convener of the Social Security Appeals Tribunal",

substitute "Principal Member".

28 Application provisions

(1)

The amendments made by items 11 and 16 (to the extent that item 16

inserts sections 322A and 322B of the Student Assistance Act 1973)

apply in relation to an application to the Social Security Appeals

Tribunal for a review of a decision, where the application is made on or

after the commencement of those items.

(2)

The amendments made by items 16 (to the extent that item 16 inserts

section 322C of the Student Assistance Act 1973), 17 and 18 apply in

relation to a decision of the Social Security Appeals Tribunal made on

or after the commencement of those items.

Schedule 3 Machinery of government changes

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

Schedule 3

--Machinery of government

changes

Data-matching Program (Assistance and Tax) Act 1990

1 Subsection 3(1) (paragraph (a) of the definition of

assistance agency)

Repeal the paragraph.

2 Subsection 3(1) (paragraph (b) of the definition of

assistance agency)

Omit "Department of Employment, Education and Training", substitute

"Education Department".

3 Subsection 3(1) (paragraph (c) of the definition of

assistance agency)

Omit "Department of Social Security", substitute "Social Services

Department".

4 Subsection 3(1) (paragraph (d) of the definition of

assistance agency)

Omit "Department of Veterans' Affairs", substitute "Veterans' Affairs

Department".

5 Subsection 3(1)

Insert:

Education Department means the Department that is responsible

for administering the payments known as child care benefit and

child care rebate.

6 Subsection 3(1) (paragraph (a) of the definition of matching

agency)

Omit "Department of Social Security", substitute "Social Services

Department".

Machinery of government changes Schedule 3

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

7 Subsection 3(1) (paragraph (b) of the definition of personal

assistance)

Omit "any assistance dealt with by the Department of Employment,

Education and Training or by the Human Services Department and",

substitute "assistance".

8 Subsection 3(1) (paragraphs (ca), (da), (db), (dc), (de) and

(df) of the definition of personal assistance)

Repeal the paragraphs.

9 Subsection 3(1)

Insert:

Social Services Department means the Department administered

by the Minister administering this Act.

10 Subsection 3(1)

Insert:

Veterans' Affairs Department means the Department administered

by the Minister administering the Veterans' Entitlements Act 1986.

11 Section 3A (heading)

Repeal the heading, substitute:

3A Directions by Secretary of the Social Services Department

12 Paragraph 3A(1)(a)

Omit "Secretary of the Department of Social Security", substitute

"Secretary of the Social Services Department".

13 Paragraph 3A(1)(a)

Omit "the Secretary's", substitute "that Secretary's".

14 Paragraph 3A(1)(b)

Omit "the Department", substitute "that Department".

Schedule 3 Machinery of government changes

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

15 Subsection 3A(1)

Omit "the Secretary may", substitute "that Secretary may".

16 Subsection 3A(1)

Omit "the Department is not", substitute "that Department is not".

17 Subsection 4(1)

Omit "Secretary to the Department of Social Security", substitute

"Secretary of the Social Services Department".

Social Security Act 1991

18 Subsection 23(1) (definition of approved program of work

for income support payment)

Omit "Employment Secretary", substitute "Secretary".

19 Subsection 23(1) (definition of Employment Department)

Omit "Department of Employment, Education and Training", substitute

"Department administered by the Minister administering the Fair

Entitlements Guarantee Act 2012".

20 Subsection 23(1) (definition of Employment Secretary)

Omit "Secretary to", substitute "Secretary of".

21 Subsection 23(1) (definition of Health Department)

Repeal the definition.

22 Subsection 23(1) (definition of Health Secretary)

Repeal the definition.

23 Subsection 23(1) (subparagraph (b)(ii) of the definition of

Secretary)

Repeal the subparagraph.

24 Subsections 28(1) and (2)

Omit "Employment Secretary", substitute "Secretary".

Machinery of government changes Schedule 3

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

25 Section 28A

Omit "Secretary of the Department of Employment, Education and

Training", substitute "Secretary".

26 Transitional provision

--sections 28 and 28A of the Social

Security Act 1991

(1)

A declaration in force under subsection 28(1) of the Social Security Act

1991 immediately before the commencement of this item has effect, on

and after that commencement, as if it had been made under that

subsection as amended by this Schedule.

(2)

An approval in force under section 28A of the Social Security Act 1991

immediately before the commencement of this item has effect, on and

after that commencement, as if it had been made under that section as

amended by this Schedule.

27 Subparagraph 94(1)(c)(ii)

Repeal the subparagraph, substitute:

(ii) the Secretary is satisfied that the person is participating

in the program administered by the Commonwealth

known as the supported wage system; and

28 Sub-subparagraph 1035(1)(d)(ii)(C)

Omit "of the Employment Department".

29 Subparagraph 1046(2B)(b)(iii)

Omit "of the Employment Department".

30 Transitional provision

--sections 1035 and 1046 of the

Social Security Act 1991

(1)

A nomination in force under sub-subparagraph 1035(1)(d)(ii)(C) of the

Social Security Act 1991 immediately before the commencement of this

item has effect, on and after that commencement, as if it had been made

under that sub-subparagraph as amended by this Schedule.

(2)

A nomination in force under subparagraph 1046(2B)(b)(iii) of the

Social Security Act 1991 immediately before the commencement of this

Schedule 3 Machinery of government changes

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

item has effect, on and after that commencement, as if it had been made

under that subparagraph as amended by this Schedule.

31 Paragraph 1061ZZGE(1)(b)

Repeal the paragraph, substitute:

(b) the Minister administering the Migration Act 1958.

32 Subsection 1061ZZGH(3)

Omit "Minister administering section 65 of the Migration Act 1958",

substitute "Minister administering the Migration Act 1958".

33 Subsection 1228(2) (note)

Repeal the note.

Social Security (Administration) Act 1999

34 Paragraph 129(4)(e)

Repeal the paragraph.

35 Paragraph 144(e)

Omit "Employment Secretary", substitute "Secretary".

36 Paragraph 144(e)

Omit "unemployment payment", substitute "income support payment".

37 Subsections 234(5) and (6)

Repeal the subsections.

Aged care amendments Schedule 4

Main amendments Part 1

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

Schedule 4

--Aged care amendments

Part 1

--Main amendments

Aged Care Act 1997

1 Subsection 44-24(12) (note)

Repeal the note.

2 Subsection 85-4(2)

Repeal the subsection.

3 Subsection 85-5(2)

Repeal the subsection.

4 Sections 85-6 and 85-7

Repeal the sections.

5 Section 86-4

Omit "powers under Part 2.3 have been delegated under

subsection 96-2(5), or a person making assessments under section 22-4,

may make a record of, disclose or otherwise use

protected information,

relating to a person and acquired in the course of exercising those

powers", substitute "powers or functions under Part 2.3 have been

delegated under subsection 96-2(14), or a person making assessments

under section 22-4, may make a record of, disclose or otherwise use

protected information, relating to a person and acquired in the course

of exercising those powers or performing those functions".

6 Section 86-7

Omit "or a Departmental employee (within the meaning of the Human

Services (Centrelink) Act 1997)", substitute ", a Departmental employee

(within the meaning of the Human Services (Centrelink) Act 1997), the

Chief Executive Medicare or a Departmental employee (within the

meaning of the Human Services (Medicare) Act 1973)".

Schedule 4 Aged care amendments

Part 1 Main amendments

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

7 Section 96-2

Repeal the section, substitute:

96-2 Delegation of Secretary's powers and functions

Officer of the Department

(1) The Secretary may, in writing, delegate to an officer of the

Department all or any of the powers and functions of the Secretary

under this Act, the regulations or any Principles made under

section 96-1.

Aged Care Commissioner

(2) The Secretary may, in writing, delegate to the

Aged Care

Commissioner all or any of the powers and functions of the

Secretary under this Act, the regulations or any Principles made

under section 96-1.

Aged Care Pricing Commissioner

(3) The Secretary may, in writing, delegate to the

Aged Care Pricing

Commissioner the powers and functions of the Secretary that the

Secretary considers necessary for the Aged Care Pricing

Commissioner to perform the Aged Care Pricing Commissioner's

functions under this Act.

Chief Executive Centrelink

(4) The Secretary may, in writing, delegate to the

Chief Executive

Centrelink:

(a) the Secretary's powers and functions under section 44-24

relating to making a determination for the purposes of

working out a care recipient's

total assessable income; or

(b) the Secretary's powers and functions under section 44-26C;

85-5 relating to reconsidering the following decisions:

(i) a determination under section 44-24 for the purposes of

working out a care recipient's total assessable income;

Aged care amendments Schedule 4

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Social Services and Other Legislation Amendment (Seniors Health

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(ii) a decision under section 44-26C.

(5) If, under subsection (4), the Secretary delegates a power or

function to the

Chief Executive Centrelink, the Chief Executive

Centrelink may, in writing, sub-delegate the power or function to a

Departmental employee (within the meaning of the Human

Services (Centrelink) Act 1997).

Chief Executive Medicare

(6) The Secretary may, in writing, delegate to the

Chief Executive

Medicare:

(a) the Secretary's powers and functions under section 44-24

relating to making a determination for the purposes of

working out a care recipient's

total assessable income; or

(b) the Secretary's powers and functions under section 44-26C;

85-5 relating to reconsidering the following decisions:

(i) a determination under section 44-24 for the purposes of

working out a care recipient's total assessable income;

(ii) a decision under section 44-26C.

(7) If, under subsection (6), the Secretary delegates a power or

function to the

Chief Executive Medicare, the Chief Executive

Medicare may, in writing, sub-delegate the power or function to a

Departmental employee (within the meaning of the Human

Services (Medicare) Act 1973).

Veterans' Affairs Secretary

(8) The Secretary may, in writing, delegate to the Secretary of the

Department administered by the Minister who administers the

Veterans' Entitlements Act 1986:

(a) the Secretary's powers and functions under section 44-26C;

(b) the Secretary's powers and functions under section 85-4 or

85-5 relating to reconsidering a decision under

section 44-26C.

Schedule 4 Aged care amendments

Part 1 Main amendments

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

(9) If, under subsection (8), the Secretary delegates a power or

function to the Secretary of the Department administered by the

Minister who administers the Veterans' Entitlements Act 1986, the

Secretary of that Department may, in writing, sub-delegate the

power or function to an APS employee in that Department.

Repatriation Commission

(10) The Secretary may, in writing, delegate to the

Repatriation

Commission:

(a) the Secretary's powers and functions under section 44-24

relating to making a determination for the purposes of

working out a care recipient's

total assessable income; or

(b) the Secretary's powers and functions under section 85-4 or

85-5 relating to reconsidering a determination under

section 44-24 for the purposes of working out a care

recipient's total assessable income.

(11) If, under subsection (10), the Secretary delegates a power or

function to the

Repatriation Commission, the Repatriation

Commission may, in writing, sub-delegate the power or function to

any person to whom it may delegate powers under the Veterans'

Entitlements Act 1986 under section 213 of that Act.

Social Services Secretary

(12) The Secretary may, in writing, delegate to the Secretary of the

Department administered by the Minister who administers the

Data-matching Program (Assistance and Tax) Act 1990:

(a) the Secretary's powers and functions under section 44-24

relating to making a determination for the purposes of

working out a care recipient's

total assessable income; or

(b) the Secretary's powers and functions under section 85-4 or

85-5 relating to reconsidering a determination under

section 44-24 for the purposes of working out a care

recipient's total assessable income.

Aged care amendments Schedule 4

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Social Services and Other Legislation Amendment (Seniors Health

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(13) If, under subsection (12), the Secretary delegates a power or

function to the Secretary of the Department administered by the

Minister who administers the Data-matching Program (Assistance

and Tax) Act 1990, the Secretary of that Department may, in

writing, sub-delegate the power or function to an APS employee in

that Department.

Person making an assessment for the purposes of section 22-4

(14) The Secretary may, in writing, delegate to a person making an

assessment for the purposes of section 22-4:

(a) all or any of the Secretary's powers and functions under

Part 2.3; and

(b) all or any of the Secretary's powers and functions under the

Subsidy Principles that relate to respite supplement.

CEO of the Quality Agency

(15) The Secretary may, in writing, delegate to the

CEO of the Quality

Agency the powers and functions of the Secretary that the

Secretary considers necessary for the CEO to perform the CEO's

functions under the Australian Aged Care Quality Agency Act

2013.

Sub-delegation

(16) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901

apply in relation to a sub-delegation in a corresponding way to the

way in which they apply to a delegation.

8 Application provisions

(1)

The amendments made by items 2, 3 and 4 apply in relation to

determinations made under section 44-24 of the Aged Care Act 1997 on

or after the commencement of those items.

(2)

The amendment made by item 6 applies in relation to protected

information acquired on or after the commencement of that item.

Schedule 4 Aged care amendments

Part 1 Main amendments

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

Aged Care (Transitional Provisions) Act 1997

9 Subsection 44-24(12) (note)

Repeal the note.

10 Subsection 85-4(2)

Repeal the subsection.

11 Subsection 85-5(2)

Repeal the subsection.

12 Sections 85-6 and 85-7

Repeal the sections.

13 Section 96-2

Repeal the section, substitute:

96-2 Delegation of Secretary's powers and functions

Officer of the Department

(1) The Secretary may, in writing, delegate to an officer of the

Department all or any of the powers and functions of the Secretary

under this Act, the regulations or any Principles made under

section 96-1.

Chief Executive Centrelink

(2) The Secretary may, in writing, delegate to the

Chief Executive

Centrelink:

(a) the Secretary's powers and functions under section 44-8AA

or 44-8AB; or

(b) the Secretary's powers and functions under section 44-24

relating to making a determination for the purposes of

working out a care recipient's

total assessable income; or

85-5 relating to reconsidering the following decisions:

(i) a decision under section 44-8AA or 44-8AB;

Aged care amendments Schedule 4

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Social Services and Other Legislation Amendment (Seniors Health

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(ii) a determination under section 44-24 for the purposes of

working out a care recipient's total assessable income.

(3) If, under subsection (2), the Secretary delegates a power or

function to the

Chief Executive Centrelink, the Chief Executive

Centrelink may, in writing, sub-delegate the power or function to a

Departmental employee (within the meaning of the Human

Services (Centrelink) Act 1997).

Chief Executive Medicare

(4) The Secretary may, in writing, delegate to the

Chief Executive

Medicare:

(a) the Secretary's powers and functions under section 44-8AA

or 44-8AB; or

(b) the Secretary's powers and functions under section 44-24

relating to making a determination for the purposes of

working out a care recipient's

total assessable income; or

85-5 relating to reconsidering the following decisions:

(i) a decision under section 44-8AA or 44-8AB;

(ii) a determination under section 44-24 for the purposes of

working out a care recipient's total assessable income.

(5) If, under subsection (4), the Secretary delegates a power or

function to the

Chief Executive Medicare, the Chief Executive

Medicare may, in writing, sub-delegate the power or function to a

Departmental employee (within the meaning of the Human

Services (Medicare) Act 1973).

Veterans' Affairs Secretary

(6) The Secretary may, in writing, delegate to the Secretary of the

Department administered by the Minister who administers the

Veterans' Entitlements Act 1986:

(a) the Secretary's powers and functions under section 44-8AA

or 44-8AB; or

(b) the Secretary's powers and functions under section 85-4 or

85-5 relating to reconsidering a decision under

section 44-8AA or 44-8AB.

Schedule 4 Aged care amendments

Part 1 Main amendments

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

(7) If, under subsection (6), the Secretary delegates a power or

function to the Secretary of the Department administered by the

Minister who administers the Veterans' Entitlements Act 1986, the

Secretary of that Department may, in writing, sub-delegate the

power or function to an APS employee in that Department.

Repatriation Commission

(8) The Secretary may, in writing, delegate to the

Repatriation

Commission:

(a) the Secretary's powers and functions under section 44-24

relating to making a determination for the purposes of

working out a care recipient's

total assessable income; or

(b) the Secretary's powers and functions under section 85-4 or

85-5 relating to reconsidering a determination under

section 44-24 for the purposes of working out a care

recipient's total assessable income.

(9) If, under subsection (8), the Secretary delegates a power or

function to the

Repatriation Commission, the Repatriation

Commission may, in writing, sub-delegate the power or function to

any person to whom it may delegate powers under the Veterans'

Entitlements Act 1986 under section 213 of that Act.

Social Services Secretary

(10) The Secretary may, in writing, delegate to the Secretary of the

Department administered by the Minister who administers the

Data-matching Program (Assistance and Tax) Act 1990:

(a) the Secretary's powers and functions under section 44-24

relating to making a determination for the purposes of

working out a care recipient's

total assessable income; or

(b) the Secretary's powers and functions under section 85-4 or

85-5 relating to reconsidering a determination under

section 44-24 for the purposes of working out a care

recipient's total assessable income.

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(11) If, under subsection (10), the Secretary delegates a power or

function to the Secretary of the Department administered by the

Minister who administers the Data-matching Program (Assistance

and Tax) Act 1990, the Secretary of that Department may, in

writing, sub-delegate the power or function to an APS employee in

that Department.

Sub-delegation

(12) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901

apply in relation to a sub-delegation in a corresponding way to the

way in which they apply to a delegation.

14 Application provision

The amendments made by items 10, 11 and 12 apply in relation to

determinations made under section 44-24 of the Aged Care

(Transitional Provisions) Act 1997 on or after the commencement of

those items.

Health and Other Services (Compensation) Act 1995

15 Paragraph 42(1)(f)

After "Secretary", insert "of the Department administered by the

Minister administering the Aged Care Act 1997".

Schedule 4 Aged care amendments

Part 2 Contingent amendments

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

Part 2

--Contingent amendments

Social Security (Administration) Act 1999

16 Paragraph 126(1)(c)

Omit "or".

17 Paragraphs 126(1)(e) and (f)

Repeal the paragraphs.

18 Subsection 126(1)

Repeal the subsection, substitute:

(1) The Secretary may review, subject to subsection (2), a decision of

an officer under the social security law if the Secretary is satisfied

that there is sufficient reason to review the decision.

19 Paragraph 129(1)(c)

Omit "or".

20 Paragraphs 129(1)(e) and (f)

Repeal the paragraphs.

21 Subsection 129(1)

Repeal the subsection, substitute:

(1) Subject to subsections (3) and (4), a person affected by a decision

of an officer under the social security law may apply to the

Secretary for review of the decision.

22 Saving

--validity of applications

The amendment made by item 21 does not affect the validity of an

application that was made under subsection 129(1) of the Social

Security (Administration) Act 1999 before the commencement of that

item.

Aged care amendments Schedule 4

Contingent amendments Part 2

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Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

23 Paragraph 140(1)(b)

Omit "force; and", substitute "force.".

24 Paragraph 140(1)(d)

Omit "1992; and", substitute "1992.".

25 Paragraphs 140(1)(f) and (g)

Repeal the paragraphs.

26 Paragraphs 178(1)(b) and (c)

Repeal the paragraphs.

27 Subsection 178(1)

Repeal the subsection, substitute:

(1) Unless a contrary intention appears, the provisions of this Division

apply to all decisions of an officer under the social security law.

28 Saving provision

--general

Despite the amendments made by this Part, paragraphs 126(1)(e) and

(f), 129(1)(e) and (f), 140(1)(f) and (g) and 178(1)(b) and (c) of the

Social Security (Administration) Act 1999, as in force immediately

before the commencement of this item, continue to apply on and after

that commencement in relation to a decision under section 44-24 of the

Aged Care Act 1997 or the Aged Care (Transitional Provisions) Act

1997 that was made before that commencement.

Schedule 5 Definitions and technical corrections

Part 1 Signposting definitions

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

Schedule 5

--Definitions and technical

corrections

Part 1

--Signposting definitions

Social Security Act 1991

1 After section 3A

Insert:

3B Definitions--simplified outline

Sections 4 to 23 contain definitions of terms that are used in the

social security law.

Subsection 23(1) contains an entry for each expression that is

defined for the purposes of this Act. That subsection is like a

Dictionary.

The entry is either an actual definition of the expression or a

signpost definition that identifies the provision that defines the

expression.

Many other sections in this Part contain the actual definitions

relating to a particular topic. For example, sections 4 and 5 contain

family relationship definitions and section 8 contains income test

definitions.

2 Section 23 (heading)

Repeal the heading, substitute:

23 Dictionary

3 Subsection 23(1)

Insert:

AAT: see section 22.

Definitions and technical corrections Schedule 5

Signposting definitions Part 1

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

AAT Act: see section 22.

accommodation bond: see subsection 11(1).

accommodation bond balance: see subsection 11(1).

accommodation charge: see subsection 11(1).

adopted child: see subsection 5(1).

Adult Disability Assessment Tool: see subsection 38C(3).

aged care resident: see subsections 13(8A), (8B) and (8C).

amount of rent paid or payable: see subsections 13(6) and (7).

approved care organisation: see section 6.

approved deposit fund: see subsection 9(1).

approved respite care: see subsection 4(9).

approved scholarship: see subsection 8(1).

armed services widow: see subsection 4(1).

armed services widower: see subsection 4(1).

asset: see subsections 11(1), (3AA), (3B), (3C) and (3D).

asset-tested income stream (long term): see subsection 9(1).

asset-tested income stream (short term): see subsection 9(1).

asset-test exempt income stream: see sections 9A, 9B and 9BA.

ATO small superannuation account: see subsection 9(1).

Australian resident: see subsection 7(2).

automatic issue card: see subsection 6A(1).

automatic issue health care card: see subsection 6A(1).

available money: see subsection 8(1).

benefit PP (partnered): see section 18.

Schedule 5 Definitions and technical corrections

Part 1 Signposting definitions

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

bereavement lump sum period: see paragraph 21(2)(e).

bereavement notification day: see paragraph 21(2)(b).

bereavement period: see paragraph 21(2)(a).

bereavement rate continuation period: see paragraph 21(2)(d).

board when used in the expression board and lodging: see

subsection 13(1).

charge exempt resident: see subsection 11(1).

child: see subsection 5(1).

commencement day in relation to an income stream: see

subsection 9(1).

compensation: see section 17.

compensation affected payment: see subsection 17(1).

compensation part in relation to a lump sum compensation

payment: see subsection 17(1).

compensation payer: see subsection 17(1).

concession card: see subsection 6A(1).

current figure: see subsection 20(1).

dad and partner pay: see subsection 8(1).

daily accommodation contribution: see subsection 11(1).

daily accommodation payment: see subsection 11(1).

deductible amount in relation to a defined benefit income stream

for a year: see subsection 9(1).

deferred annuity: see subsection 9(1).

deferred payment amount in relation to a sale leaseback

agreement: see subsections 12B(6), (7) and (8).

defined benefit income stream: see subsection 9(1F).

Definitions and technical corrections Schedule 5

Signposting definitions Part 1

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

dependant:

(a) in relation to a person who is the holder of a pensioner

concession card or an automatic issue health care card (other

than a health care card for which the person is qualified under

subsection 1061ZK(4))--see section 6A; or

(b) in relation to a person who is the holder of a health care card

for which the person is qualified under subsection 1061ZK(4)

or Subdivision B of Division 3 of Part 2A.1--see section 6A;

has made a claim for a health care card--see section 6A.

dependent child: see subsections 5(2) to (8A).

deposit money: see subsection 8(1).

deprived asset: see subsection 9(4).

designated NDIS amount: see subsection 9(1).

designated temporary entry permit: see subsection 7(1).

disability expenses maintenance: see section 10.

disability support wife pension: see subsection 17(1).

disposes of assets: see section 1123.

disposes of ordinary income: see sections 1106 to 1111.

domestic payment: see subsection 8(3).

double orphan: see sections 993 and 994.

earned, derived or received: see subsection 8(2).

eligible descendant: see subsection 17A(1).

eligible former partner of a qualifying farmer: see

subsection 17A(2).

eligible former partner of a qualifying sugarcane farmer: see

subsection 17B(2).

eligible interest:

Schedule 5 Definitions and technical corrections

Part 1 Signposting definitions

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

(a) in a sugarcane farm--see subsection 17B(5); or

(b) in a relevant sugarcane farm asset--see subsection 17B(6).

employment income: see subsections 8(1), (1A) and (1B).

event that gives rise to a person's entitlement to compensation:

see subsection 17(5A).

exempt assets: see subsection 11(1).

exempt lump sum: see subsection 8(11).

family law affected income stream: see section 9C.

farm: see subsection 17A(1).

farm enterprise: see subsection 17A(1).

financial asset: see subsection 9(1).

financial investment: see subsections 9(1) and (1D).

first available bereavement adjustment payday: see

paragraph 21(2)(c).

fishing operations: see subsection 11(1).

forest operations: see subsection 11(1).

former payment type: see subsection 17(1).

former refugee: see subsection 7(1).

friendly society: see subsection 9(1).

full-time student load for a course of study: see subsection (20).

funeral investment: see subsection 19E(3).

gainful employment: see section 19.

governing rules in relation to an income stream: see

subsection 9(1).

Government rent: see subsections 13(1), (3AC) and (5).

Definitions and technical corrections Schedule 5

Signposting definitions Part 1

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Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

granny flat interest: see subsection 12A(2).

granny flat resident: see subsection 12A(3).

handicapped person: see section 19.

health care card means a card under Division 3 of Part 2A.1.

holder in relation to a visa: see subsection 7(1).

home equity conversion agreement: see subsections 8(1) and (7).

homeowner: see subsection 11(4).

illness separated couple: see subsection 4(7).

in a care situation: see subsection 13(9).

income: see subsection 8(1).

income amount: see subsection 8(1).

income cut-out amount in relation to a person who has received a

compensation payment: see subsections 17(1) and (8).

income from personal exertion: see subsection 8(1).

income stream: see subsections 9(1) and (1E).

income year: see subsection 11(1).

independent:

(a) in Parts 2.11, 2.11B, 3.4A, 3.4B, 3.5 and 3.7--see

section 1067A; and

(b) in Part 2.24A--see section 1061PL.

independently of a program of support: see subsection 16B(2).

index number: see subsections 20(1), (4) and (5).

in disability accommodation: see subsection (4C).

industrial action: see subsections 16(1) and (2).

ineligible homeowner: see subsection 13(1).

Schedule 5 Definitions and technical corrections

Part 1 Signposting definitions

Social Services and Other Legislation Amendment (Seniors Health

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No. , 2014

in gaol: see subsection (5).

initial payment amount in relation to a sale leaseback agreement:

see subsection 12B(4).

in residential care: see subsection (4CA).

in severe financial hardship: see subsections 19C(2) and (3) and

section 19D.

instalment of parental leave pay: see subsection 8(1).

invalid wife pension: see subsection 17(1).

investment:

(a) in relation to a superannuation fund, approved deposit fund

or deferred annuity--see subsection 9(9); or

(b) in relation to an ATO small superannuation account--see

subsection 9(9A); or

Home Saver Accounts Act 2008)--see subsection 9(9B).

investor in relation to an ATO small superannuation account: see

subsection 9(1).

life expectancy: see subsection 9(1).

liquid assets test waiting period: see sections 549A to 549C, 575A

to 575C, 598 and 676.

listed security: see subsection 9(1).

living away from the person's parental home: see

subsection (4D).

main supporter of a secondary pupil child: see section 5G.

maintenance: see section 10.

maintenance income: see section 10.

managed investment: see subsections 9(1A), (1B) and (1C).

member of a couple: see subsections 4(2), (3), (3A), (6) and (6A).

Definitions and technical corrections Schedule 5

Signposting definitions Part 1

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Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

member of an ordinary couple with different principal homes: see

subsection 12(2).

members of a trade union: see subsection 16(3).

new PRC (temporary) entry permit: see subsection 7(1).

non-benefit PP (partnered): see section 18.

not payable in relation to a social security payment: see

subsection (16).

November earnings average: see subsections 20(1) and (6).

old PRC (temporary) entry permit: see subsection 7(1).

ordinary income: see subsection 8(1) and section 1072.

original family law affected income stream: see section 9C.

parent: see subsection 5(1).

parenting payment: see section 18.

participating in the pension loans scheme: see subsection (11).

partner: see subsection 4(1).

partner bereavement payment: see subsection 21(1).

partnered: see paragraph 4(11)(a).

partnered (partner getting benefit): see paragraph 4(11)(e).

partnered (partner getting neither pension nor benefit): see

paragraph 4(11)(b).

partnered (partner getting pension): see paragraph 4(11)(d).

partnered (partner getting pension or benefit): see

paragraph 4(11)(c).

partnered (partner in gaol): see paragraph 4(11)(f).

pensioner concession card means a card under Division 1 of

Part 2A.1.

Schedule 5 Definitions and technical corrections

Part 1 Signposting definitions

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

pensioner couple: see subsection 9(1).

pension PP (single): see section 18.

pension year: see subsections 11(10) and (10AAA).

periodic payments period: see subsection 17(1).

permanent visa: see subsection 7(1).

physically present in a remote area: see subsection 14(2).

potential compensation payer: see subsection 17(1).

prescribed educational scheme: see subsection 5(1).

prescribed student child: see subsection 5(11).

primary FLA income stream: see section 9C.

primary producer: see subsection 11(1).

primary production: see subsection 11(1).

principal carer of a child: see subsections 5(15) to (24).

principal home: see section 11A.

proprietary company: see subsection 17A(1).

protected SCV holder: see subsections 7(2A), (2B), (2C) and (2D).

psychiatric confinement: see subsections (8) and (9).

public unit trust: see subsection 9(1).

purchase price in relation to an income stream: see

subsection 9(1).

qualifying Australian residence: see subsection 7(5).

qualifying farmer: see subsections 17A(3) and (4).

qualifying interest:

(a) in a farm--see subsection 17A(5); or

(b) in a relevant farm asset--see subsection 17A(6).

Definitions and technical corrections Schedule 5

Signposting definitions Part 1

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Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

qualifying residence exemption: see subsections 7(6) and (6AA).

qualifying sugarcane farmer: see subsections 17B(3) and (4).

RASF closing day: see section 1185N.

RASF commencement day: see section 1185N.

reasonable security of tenure: see subsection 11A(10).

receives compensation: see subsection 17(5).

refundable deposit: see subsection 11(1).

refundable deposit balance: see subsection 11(1).

relative (other than a parent): see section 5E.

relevant AWOTE: see subsection 16A(1).

relevant farm asset in relation to a farm: see subsection 17A(1).

relevant number in relation to an income stream: see

subsection 9(1).

relevant State land law: see subsection 17A(1).

relevant sugarcane farm asset: see subsection 17B(1).

remote area: see subsection 14(1).

rent: see section 13.

residing in a nursing home: see subsection 13(8).

residual capital value in relation to an income stream: see

subsections 9(1) and (10).

respite care couple: see subsection 4(8).

retirement savings account: see subsection 9(1).

retirement village: see subsections 12(3) and (4).

retirement village resident: see subsection 12(5).

return:

Schedule 5 Definitions and technical corrections

Part 1 Signposting definitions

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

(a) in relation to an ATO small superannuation account--see

subsection 9(1); or

(b) in relation to any other investment in the nature of

superannuation--see subsection 9(1); or

of the First Home Saver Accounts Act 2008)--see

subsection 9(1).

sale leaseback agreement: see subsections 12B(2) and (3).

sale leaseback home: see subsection 12B(9).

sale leaseback resident: see subsections 12B(10) and (11).

seasonal work: see subsections 16A(1), (1A) and (2).

seasonal work income: see subsection 16A(1).

seasonal work preclusion period: see subsections 16A(3) and (4).

secondary FLA income stream: see sections 9C and 9D.

secondary pupil child: see section 5F.

seniors health card means a card under Division 2 of Part 2A.1.

served the waiting period: see subsections (10) and (10A).

severely disabled: see subsection (4B).

sheltered employment: see section 19.

single person sharing accommodation: see section 5A.

social security law: see subsections (17) and (18).

special category visa: see subsection 7(1).

special needs disability support wife pension: see

subsection 17(1).

special needs invalid wife pension: see subsection 17(1).

special residence: see subsection 12C(2).

special resident: see subsection 12C(3).

Definitions and technical corrections Schedule 5

Signposting definitions Part 1

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

SSAT: see section 22.

step-child: see subsection 5(1).

step-parent: see subsection 5(1).

student child: see subsection 5(1A).

student income bank: see subsection 8(1).

subject to a seasonal work preclusion period: see

subsection 16A(11).

sugarcane farm: see subsection 17B(1).

sugarcane farm enterprise: see subsection 17B(1).

superannuation benefit: see subsection 9(1).

superannuation contributions surcharge: see subsection 9(1).

superannuation fund: see subsection 9(1).

temporarily separated couple: see subsection 4(9A).

temporary visa: see subsection 7(1).

total net value: see section 1185S.

trade union: see subsection 16(1).

transfer:

(a) in relation to an eligible interest in a sugarcane farm--see

subsections 17B(7), (8), (10), (11) and (12); or

(b) in relation to an eligible interest in a relevant sugarcane farm

asset--see subsections 17B(9), (11) and (12); or

subsections 17A(7), (8), (10) and (11); or

(d) in relation to a qualifying interest in a relevant farm asset--

see subsections 17A(9) and (11).

transfer day, in relation to a transferee to a social security pension

or benefit, has the same meaning as in the Administration Act.

Schedule 5 Definitions and technical corrections

Part 1 Signposting definitions

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

transferee, in relation to a social security pension or benefit, has

the same meaning as in the Administration Act.

treating health professional: see section 38F.

unavoidable or reasonable expenditure: see subsection 19C(4).

unemployment: see subsection 16(1).

unlisted public security: see subsection 9(1).

unrealisable asset: see subsections 11(12) and (13).

value of a charge or encumbrance on an asset: see

subsection 11(3).

value of a liability: see subsection 11(3A).

value of a particular asset: see subsection 11(2).

visa: see subsection 7(1).

vocational training: see section 19.

working credit participant: see subsection 8(1).

young person: see subsection 5(1B).

4 Subsection 23(19)

Repeal the subsection.

5 Part 2.26 (after the heading)

Insert:

Note:

Section 19A contains many of the definitions that are relevant to the provisions of this

Part.

6 Chapter 2B (after the heading)

Insert:

Note:

Section 19AB contains many of the definitions that are relevant to the provisions of this

Chapter.

Definitions and technical corrections Schedule 5

Signposting definitions Part 1

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

7 Section 1067G (after the heading to Module G of the Youth

Allowance Rate Calculator)

Insert:

Note:

Section 10B contains many of the definitions that are relevant to the provisions of this

Module.

8 Part 3.9 (after the heading)

Insert:

Note:

Section 10A contains many of the definitions that are relevant to the provisions of this

Part.

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

Part 2

--Technical corrections

Social Security Act 1991

9 Subsection 4(6) (note)

Omit "section", substitute "Section".

10 Subsection 4(9A) (note)

Omit "for", substitute "For".

11 Subsection 5(1) (note to paragraph (ca) of the definition of

prescribed educational scheme)

Repeal the note.

12 Subsection 5(1) (at the end of the definition of prescribed

educational scheme)

Add:

Note:

For paragraph (ca), an application under the Student Financial

Supplement Scheme cannot be made in respect of a year, or a part of a

year, that begins on or after the day on which the Student Assistance

Legislation Amendment Act 2006 receives the Royal Assent (see

subsection 1061ZY(2)).

13 Subsection 5(1A)

Omit "student child", substitute "student child".

14 Subsection 5(1B)

Omit "young person", substitute "young person".

15 Subsection 5(3)

Omit "dependent child", substitute "dependent child".

16 Subsection 5(3) (note)

Omit "the", substitute "The".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

17 Subsection 5(4)

Omit "dependent child", substitute "dependent child".

18 Subsection 5(7) (note)

Omit "for", substitute "For".

19 Subsection 5A(1)

Omit "single person sharing accommodation", substitute "single person

sharing accommodation".

20 Subsection 7(6AA)

Omit "qualifying residence exemption", substitute "qualifying

residence exemption".

21 Subsection 8(1)

Insert:

approved exchange trading system has the meaning given by

subsection (10).

22 Subsection 8(1) (definition of dispose of income)

Repeal the definition.

23 Subsection 8(1)

Insert:

disposes of ordinary income has the meaning given by

sections 1106 to 1111.

24 Subsection 8(1)

Insert:

exchange trading system has the meaning given by subsection (9).

25 Subsection 8(1) (note at the end of the definition of home

equity conversion agreement)

Omit "see", substitute "See".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

26 Subsection 8(1) (note 2 at the end of the definition of

income)

Omit "where", substitute "Where".

27 Subsection 8(1) (note 3 at the end of the definition of

income)

Omit "income is", substitute "Income is".

28 Subsection 8(1) (note 1 at the end of the definition of

ordinary income)

Omit "for", substitute "For".

29 Subsection 8(1) (note 2 at the end of the definition of

ordinary income)

Omit "amounts received", substitute "Amounts received".

30 Paragraph 8(8)(ma) (note)

Omit "for", substitute "For".

31 Paragraph 8(8)(z) (note)

Omit "the rule", substitute "The rule".

32 Paragraph 8(8)(zj) (note)

Omit "for", substitute "For".

33 Subsection 9(1) (definition of asset-test exempt income

stream)

Relocate the definition to its appropriate alphabetical position,

determined on a letter-by-letter basis.

34 Subsection 9(1) (note at the end of the definition of

financial asset)

Omit "subsection 9(4)", substitute "subsection (4)".

35 Paragraphs 9(1B)(d), (e), (f) and (g) (note)

Repeal the note.

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

36 At the end of subsection 9(1B)

Add:

Note 1:

For paragraph (d), see paragraph (1C)(a) for superannuation

investments held before pension age is reached.

Note 2:

For paragraph (e), see paragraph (1C)(b) for investments in approved

deposit funds held before pension age is reached.

Note 3:

For paragraph (f), see paragraph (1C)(c) for deferred annuities held

before pension age is reached.

Note 4:

For paragraph (g), see paragraph (1C)(ca) for investments in ATO

small superannuation accounts held before pension age is reached.

37 Subsection 9(1C) (note 2)

Omit "for", substitute "For".

38 Subsection 9A(7) (paragraph (a) of the definition of liquid

assets)

Omit "Corporations Law", substitute "Corporations Act 2001".

39 Subsection 11(1) (definition of pension year)

Omit "subsection (10)", substitute "subsections (10) and (10AAA)".

40 Subsection 11(1) (definition of unrealisable asset)

Omit "subsections (12), (13) and (14)", substitute "subsections (12) and

(13)".

41 Subsection 11(1) (definition of value)

Repeal the definition.

42 Subsection 11(1)

Insert:

value of a charge or encumbrance on an asset has the meaning

given by subsection (3).

value of a liability has the meaning given by subsection (3A).

value of a particular asset has the meaning given by

subsection (2).

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

43 Subsection 11(3A)

Omit "value of a liability", substitute "value of a liability".

44 Subsection 11(4) (note)

Omit "see", substitute "See".

45 Subparagraph 11A(9)(e)(ii)

After "while", insert "not".

46 Subsection 12(1) (definition of actual value)

Repeal the definition.

47 Subsection 12(1)

Insert:

member of an ordinary couple with different principal homes has

the meaning given by subsection (2).

48 Subsection 12(5)

Omit "retirement village resident", substitute "retirement village

resident".

49 Subsection 12A(2)

Omit "granny flat interest", substitute "granny flat interest".

50 Subsection 12A(3)

Omit "granny flat resident", substitute "granny flat resident".

51 Subsection 12B(1) (definition of deferred payment

amount)

Omit "subsections (6) and (7)", substitute "subsections (6), (7) and (8)".

52 Subsections 12B(2) and (3)

Omit "sale leaseback agreement", substitute "sale leaseback

agreement".

53 Subsection 12B(4)

Omit "initial payment amount", substitute "initial payment amount".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

54 Subsection 12B(6)

Omit "deferred payment amount", substitute "deferred payment

amount".

55 Subsection 12B(7)

Omit "deferred payment amount" (last occurring), substitute "deferred

payment amount".

56 Subsection 12B(7) (note)

Omit "sections", substitute "Sections".

57 Subsection 12B(9)

Omit "sale leaseback home", substitute "sale leaseback home".

58 Subsection 12B(10)

Omit "sale leaseback resident", substitute "sale leaseback resident".

59 Subsection 12B(11)

Omit "sale leaseback resident" (first occurring), substitute "sale

leaseback resident".

60 Subsection 12B(11) (note)

Omit "subsection (11)", substitute "Subsection (11)".

61 Subsection 12C(2)

Omit "special residence", substitute "special residence".

62 Subsection 12C(3)

Omit "special resident", substitute "special resident".

63 Subsection 13(1) (note at the end of the definition of

ineligible homeowner)

Omit "for approved", substitute "For approved".

64 Subsection 13(1) (definition of rent)

Omit "subsection (2)", substitute "this section".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

65 Subsection 13(2) (note)

Omit "for retirement", substitute "For retirement".

66 Subsection 13(3AC)

Omit "taken to be Government rent", substitute "taken to be

Government rent".

67 Subsection 14A(2)

Omit "person's liquid assets", substitute "person's liquid assets".

68 Subsection 16(1) (note at the end of the definition of

industrial action)

Omit "see", substitute "See".

69 Subsection 16(1) (note at the end of the definition of trade

union)

Omit "see", substitute "See".

70 Subsection 17(1) (definition of event that gives rise to an

entitlement to compensation)

Repeal the definition.

71 Subsection 17(1)

Insert:

event that gives rise to a person's entitlement to compensation has

the meaning given by subsection (5A).

72 Subsection 17(5A)

Omit "event that gives rise to a person's entitlement to compensation",

substitute "event that gives rise to a person's entitlement to

compensation".

73 Section 19 (definition of sheltered employment)

Omit "direction", substitute "determination".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

74 Subsections 19D(2) and (3)

Omit "in severe financial hardship", substitute "in severe financial

hardship".

75 Subsection 23(1) (definition of additional child amounts)

Repeal the definition.

76 Subsection 23(1) (note at the end of the definition of

Australia)

Omit "see also subsection", substitute "See also subsections".

77 Subsection 23(1) (note at the end of the definition of

decision)

Omit "subsection", substitute "Subsection".

78 Subsection 23(1) (note at the end of the definition of

long-term social security recipient)

Repeal the note, substitute:

Note:

See also the definition of social security recipient status in this

subsection.

79 Subsection 23(1) (definition of RAS authority)

Repeal the definition.

80 Subsection 23(1) (definition of Rural Adjustment Scheme)

Repeal the definition.

81 Subsection 23(1) (definition of subsection 11(14) asset)

Repeal the definition.

82 Subsection 23(1) (note at the end of the definition of tax

year)

Omit "section 6", substitute "Section 6".

83 Subsection 23(4)

Omit "receiving", substitute "receiving".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

84 Subsection 23(4A)

Omit "person is taken to be receiving", substitute "person is taken to be

receiving".

85 Paragraph 23(11)(b) (note)

Repeal the note.

86 At the end of subsection 23(11)

Add:

Note:

For paragraph (b), for maximum payment rate see step 4 of the

method statement in Module A of the relevant Pension Rate

Calculator.

87 Subsection 39(5) (example)

Omit "Example", substitute "Example".

88 Subsection 39(5) (example)

Omit "point 1068-E8", substitute "Point 1068-E8".

89 Subsection 39(5) (note)

Omit "paragraph", substitute "Paragraph".

90 Subsection 47(2) (note 1)

Omit "another", substitute "Another".

91 Subsection 82(1) (notes 1 and 2)

Omit "section", substitute "Section".

92 Subsection 91(2) (note 1)

Omit "for", substitute "For".

93 Subsection 91(2) (note 2)

Omit "for" (first occurring), substitute "For".

94 Subsection 95(1) (note)

Omit "for", substitute "For".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

95 Subsection 103(2) (note 1)

Omit "another", substitute "Another".

96 Subsection 103(2) (note 2)

Omit "social", substitute "Social".

97 Subsection 146F(1) (notes 1 and 2)

Omit "section", substitute "Section".

98 Subsection 146F(2) (note)

Omit "if a", substitute "If a".

99 Subsection 146Q(2) (note 2)

Repeal the note, substitute:

Note:

For the death of a person qualified for bereavement payments under

Subdivision A, see section 146K.

100 Section 147 (note)

Omit "for", substitute "For".

101 Subsection 151(2) (note 1)

Omit "another", substitute "Another".

102 Section 186 (note)

Omit "a woman", substitute "A woman".

103 Subsection 188(1) (notes 1 and 2)

Omit "section", substitute "Section".

104 Subsection 202(2) (note 1)

Omit "another", substitute "Another".

105 Subsection 237(1) (notes 1 and 2)

Omit "section", substitute "Section".

106 Subsection 237(1) (note 3)

Omit "a person", substitute "A person".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

107 Subsection 246(2) (note)

Omit "for" (first occurring), substitute "For".

108 Subsection 321(2) (note 1)

Omit "another", substitute "Another".

109 Subsections 321(3) and (4) (note)

Omit "for", substitute "For".

110 Subsection 368(2) (note 1)

Omit "another", substitute "Another".

111 Subsection 368(3) (note)

Omit "for", substitute "For".

112 Subsection 407(2) (note)

Omit "for", substitute "For".

113 Subsections 408CF(2) and (4) (note 1)

Omit "Note 1", substitute "Note".

114 Subsection 500C(3) (note)

Omit "and for PP (partnered) payday see section 18".

115 Subsection 500Z(2) (note 1)

Omit "Note 1", substitute "Note".

116 Subsection 502(9)

Repeal the subsection.

117 Subsection 513(2) (note 2)

Omit "Note 2", substitute "Note".

118 Subsection 541D(4)

Repeal the subsection.

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

119 Subsection 549A(1) (note 1)

Omit "Note 1", substitute "Note".

120 Subsection 549A(1) (note 2)

Repeal the note.

121 Subsection 549A(3) (note 2)

Omit "unavoidable or reasonable expenditure", substitute "unavoidable

or reasonable expenditure".

122 Subsection 552A(1) (note 1)

Omit "Note 1", substitute "Note".

123 Subsection 575A(1) (note 1)

Omit "Note 1", substitute "Note".

124 Subsection 578A(1) (note 1)

Omit "Note 1", substitute "Note".

125 Subsection 593(1) (note 1)

Omit "a person", substitute "A person".

126 Subsection 593(1) (note 2)

Omit "the", substitute "The".

127 Subsection 593(1) (notes 3, 5 and 6)

Omit "for", substitute "For".

128 Subsection 593(1) (notes 8 and 9)

Omit "a person", substitute "A person".

129 Subsection 593(1) (note 13)

Omit "a newstart", substitute "A newstart".

130 Subsection 593(4) (note)

Omit "subsection (4)", substitute "Subsection (4)".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

131 Subsection 596(3) (note)

Omit "for", substitute "For".

132 Section 596A (note)

Omit "for", substitute "For".

133 Subsection 598(1) (notes 1 and 2)

Omit "for", substitute "For".

134 Subsection 598(1) (notes 3 and 4)

Repeal the notes, substitute:

Note 3:

For served the waiting period in relation to a liquid assets test waiting

period, see subsection 23(10A).

135 Subsection 601(2D)

Repeal the subsection.

136 Subsection 603(2) (notes 1 and 2)

Omit "for", substitute "For".

137 Subsection 611(2) (notes 1 and 2)

Omit "for", substitute "For".

138 Subsection 611(2) (note 3)

Omit "if item 2", substitute "If item 2".

139 Subsection 611(2) (note 4)

Omit "if a", substitute "If a".

140 Subsection 611(2) (notes 5 and 6)

Omit "the", substitute "The".

141 Subsection 611(2) (note 7)

Omit "the" (first occurring), substitute "The".

142 Subsection 614(2) (note 1)

Omit "another", substitute "Another".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

143 Subsection 614(2) (note 3)

Omit "for", substitute "For".

144 Subsection 614(3) (note 1)

Omit "for", substitute "For".

145 Subsection 614(3) (note 2)

Omit "widow", substitute "A widow".

146 Subsection 614(3A) (note)

Omit "for", substitute "For".

147 Subsection 614(4) (note 1)

Repeal the note, substitute:

Note:

For prescribed educational scheme see section 5.

148 Subsection 660LA(1) (notes 1 and 2)

Omit "section", substitute "Section".

149 Subsection 660LA(1) (note 3)

Omit "for", substitute "For".

150 Subsection 660XCF(2) (note 1)

Omit "Note 1", substitute "Note".

151 Subsection 660XKG(2) (note 2)

Omit "Note 2", substitute "Note".

152 Subsection 660YCF(2) (note 1)

Omit "Note 1", substitute "Note".

153 Subsection 660YCG(1) (note 1)

Omit "Note 1", substitute "Note".

154 Subsection 666(1) (note 1)

Omit "see", substitute "See".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

155 Subsection 666(1) (note 3)

Omit "for", substitute "For".

156 Subsection 667(4) (note)

Omit "for", substitute "For".

157 Subsection 669(4) (note)

Omit "for", substitute "For".

158 Subsection 669(7) (note)

Omit "if the", substitute "If the".

159 Subsection 676(1) (notes 1 and 2)

Omit "for", substitute "For".

160 Subsection 676(1) (note 4)

Repeal the note, substitute:

Note 3:

For served the waiting period in relation to a liquid assets test waiting

period, see subsection 23(10A).

161 Subsection 680(3) (notes 1 and 2)

Omit "for", substitute "For".

162 Subsection 680(3) (note 3)

Omit "if item 2", substitute "If item 2".

163 Subsection 680(3) (note 4)

Omit "if a", substitute "If a".

164 Subsection 680(3) (notes 5 and 6)

Omit "the", substitute "The".

165 Subsection 680(3) (note 7)

Omit "the" (first occurring), substitute "The".

166 Subsection 686(2) (note 1)

Omit "another", substitute "Another".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

167 Subsections 686(3) and (5) (note)

Omit "for", substitute "For".

168 Subsection 694(1) (note 3)

Omit "Note 3", substitute "Note".

169 Subsection 728PA(1) (notes 1 and 2)

Omit "section", substitute "Section".

170 Subsection 728PA(1) (note 3)

Omit "for", substitute "For".

171 Subsection 729(1) (note)

Omit "special", substitute "Special".

172 Subsection 729(2) (note 1)

Repeal the note, substitute:

Note:

For Australian resident see subsection 7(2).

173 Subsection 729(6) (note)

Omit "subsection (6)", substitute "Subsection (6)".

174 Subsection 731B(7)

Repeal the subsection.

175 Subsection 733(3) (notes 1 and 2)

Omit "for", substitute "For".

176 Subsection 733(3) (note 3)

Omit "if item 2", substitute "If item 2".

177 Subsection 733(3) (note 4)

Omit "if a", substitute "If a".

178 Subsection 733(3) (notes 5 and 6)

Omit "the", substitute "The".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

179 Subsection 733(3) (note 7)

Omit "the" (first occurring), substitute "The".

180 Subsection 735(2) (note 1)

Omit "another", substitute "Another".

181 Subsections 735(3) and (4) (note)

Omit "for", substitute "For".

182 Subsection 737(1) (note)

Omit "for", substitute "For".

183 Subsection 738(1) (notes 1 and 2)

Omit "for", substitute "For".

184 Subsection 768A(1) (notes 1 and 2)

Omit "section", substitute "Section".

185 Subsection 768A(1) (note 3)

Omit "for", substitute "For".

186 Subsection 771HI(2) (note 1)

Omit "Note 1", substitute "Note".

187 Subsection 771PA(1)

Omit "(1)".

188 Section 773

Omit "Inability to work".

189 Section 773 (note)

Omit "a person", substitute "A person".

190 Section 774 (note 1)

Omit "for", substitute "For".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

191 Section 774 (note 2)

Omit "a person", substitute "A person".

192 Section 778 (note 1)

Omit "for", substitute "For".

193 Section 778 (note 2)

Omit "a person", substitute "A person".

194 Subsection 787(2) (note 1)

Omit "another", substitute "Another".

195 Subsections 787(3) and (4) (note)

Omit "for", substitute "For".

196 Point 796-C1 (note)

Omit "if a", substitute "If a".

197 Subsection 822(1) (notes 1 and 2)

Omit "section", substitute "Section".

198 Subsection 830(2) (note 2)

Repeal the note, substitute:

Note:

For the death of a person qualified for bereavement payments under

Subdivision A, see section 826.

199 Subsection 993(1) (notes 1 and 2)

Omit "for", substitute "For".

200 Subsection 993(1) (note 3)

Omit "if the", substitute "If the".

201 Subsection 993(2) (notes 1, 2, 3 and 5)

Omit "for", substitute "For".

202 Subsection 994(1) (notes 1, 2, 3 and 4)

Omit "for", substitute "For".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

203 Subsection 997(1) (note)

Omit "for", substitute "For".

204 Subsection 999(2) (notes 1 and 2)

Omit "for", substitute "For".

205 Section 1037 (note)

Omit "for", substitute "For".

206 Subsection 1044(2) (note 2)

Repeal the note, substitute:

Note:

The rate of mobility allowance is indexed annually in line with CPI

increases (see sections 1191 to 1194).

207 Section 1061JD (note)

Omit "for", substitute "For".

208 Subsection 1061Q(1) (note 1)

Repeal the note, substitute:

Note:

For telephone subscriber see subsection (5).

209 Paragraph 1061Q(3)(a)

Omit "widow allowance newstart allowance", substitute "widow

allowance, newstart allowance".

210 Paragraph 1061Q(3)(b) (notes 1 and 2)

Repeal the notes.

211 Subsection 1061Q(3) (note)

Repeal the note, substitute:

Note 1:

For income support payment see subsection 23(1).

Note 2:

For the determination of the continuous period in respect of which a

person received income support payments see section 38B.

Note 3:

For telephone subscriber see subsection (5).

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

212 Paragraph 1061Q(3A)(e) (notes 1 and 2)

Repeal the notes.

213 Subsection 1061Q(3A) (notes 1 and 2)

Repeal the notes, substitute:

Note 1:

For telephone subscriber see subsection (5).

Note 2:

For income support payment see subsection 23(1).

Note 3:

For the determination of the continuous period in respect of which a

person received income support payments see section 38B.

214 Subsection 1061Q(5) (note at the end of the definition of

telephone subscriber)

Omit "for", substitute "For".

215 Subsection 1061S(1) (note)

Omit "the" (first occurring), substitute "The".

216 Subsection 1061S(3) (note)

Omit "because", substitute "Because".

217 Subsection 1061S(4) (note at the end of the definition of

person not getting pension or benefit before 12 March

1992)

Omit "clause", substitute "Clause".

218 Subsection 1063(1) (note)

Omit "see", substitute "See".

219 Subsection 1064(1) (note 2)

Omit "the rate", substitute "The rate".

220 Subsection 1064(2) (note)

Omit "the rate", substitute "The rate".

221 Subsection 1064(4) (note)

Omit "this", substitute "This".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

222 Subsections 1064(5) and (6) (note)

Omit "for", substitute "For".

223 Point 1064-A1 (note 1)

Omit "if a", substitute "If a".

224 Point 1064-A1 (note 3)

Omit "the rate", substitute "The rate".

225 Point 1064-A1 (note 4)

Omit "in some", substitute "In some".

226 Point 1064-A1 (note 5)

Omit "a person's", substitute "A person's".

227 Point 1064-E1 (method statement, step 2, note)

Omit "a person's", substitute "A person's".

228 Point 1064-E1 (note 1)

Omit "see", substitute "See".

229 Point 1064-E1 (note 2)

Omit "the application", substitute "The application".

230 Point 1064-E1 (note 2)

Omit "to 1112);", substitute "to 1111).".

231 Point 1064-E3 (note)

Omit "for", substitute "For".

232 Point 1064-E4 (note 1)

Omit "for", substitute "For".

233 Point 1064-E4 (note 3)

Omit "items", substitute "Items".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

234 Point 1064-E4 (note 4)

Omit "the", substitute "The".

235 Point 1064-G1 (method statement, step 1, notes 1, 2 and

Omit "for", substitute "For".

236 Point 1064-G1 (method statement, step 2, note)

Omit "a person's", substitute "A person's".

237 Point 1064-G1 (note 1)

Omit "see", substitute "See".

238 Point 1064-G1 (note 2)

Omit "the application", substitute "The application".

239 Point 1064-G3 (notes 1 and 2)

Omit "for", substitute "For".

240 Point 1064-G3 (note 3)

Omit "items", substitute "Items".

241 Point 1064-G3 (note 4)

Omit "the", substitute "The".

242 Point 1064-G4 (notes 1 and 4)

Omit "for", substitute "For".

243 Point 1064-H1 (note)

Omit "for", substitute "For".

244 Point 1064-H2 (note 1)

Omit "Note 1", substitute "Note".

245 Subsection 1065(3) (note)

Omit "this", substitute "This".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

246 Subsections 1065(4) and (5) (note)

Omit "for", substitute "For".

247 Point 1065-A1 (note 1)

Omit "the", substitute "The".

248 Point 1065-A1 (note 2)

Omit "an amount", substitute "An amount".

249 Point 1065-E1 (note)

Omit "for", substitute "For".

250 Subsection 1066(3) (note 1)

Repeal the note, substitute:

Note:

Although there is only 1 maximum basic rate specified in point

1066-B1 of Pension Rate Calculator C, the ordinary income test

(Module E) and assets test (Module G) do depend on whether the

recipient is a member of a couple or not.

251 Point 1066-A1 (note 1)

Omit "if a", substitute "If a".

252 Point 1066-A1 (note 3)

Omit "although", substitute "Although".

253 Point 1066-A1 (note 4)

Omit "in some", substitute "In some".

254 Point 1066-E1 (method statement, step 1, note)

Omit "for", substitute "For".

255 Point 1066-E1 (method statement, step 2, note)

Omit "a person's", substitute "A person's".

256 Point 1066-E1 (note 1)

Omit "see", substitute "See".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

257 Point 1066-E1 (note 2)

Omit "the application", substitute "The application".

258 Point 1066-E1 (note 2)

Omit "to 1112);", substitute "to 1111).".

259 Point 1066-E4 (note)

Omit "the", substitute "The".

260 Point 1066-G1 (method statement, step 1, notes 1, 2 and

Omit "for", substitute "For".

261 Point 1066-G1 (method statement, step 2, note)

Omit "a person's", substitute "A person's".

262 Point 1066-G1 (note 1)

Omit "see", substitute "See".

263 Point 1066-G1 (note 2)

Omit "the application", substitute "The application".

264 Point 1066-G3 (notes 1 and 2)

Omit "for", substitute "For".

265 Point 1066-G3 (note 3)

Omit "the", substitute "The".

266 Point 1066-H1 (note)

Omit "for", substitute "For".

267 Subsection 1066A(5) (note)

Omit "this", substitute "This".

268 Point 1066A-A1 (note 1)

Omit "if a", substitute "If a".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

269 Point 1066A-A1 (note 3)

Omit "the rate", substitute "The rate".

270 Point 1066A-A1 (note 3)

Omit "points", substitute "point".

271 Point 1066A-C1 (note 1)

Omit "the", substitute "The".

272 Point 1066A-C1 (note 2)

Omit "on" (first occurring), substitute "On".

273 Point 1066A-D4 (note)

Omit "for", substitute "For".

274 Point 1066A-D6 (note 1)

Omit "for", substitute "For".

275 Point 1066A-D6 (note 2)

Omit "the annual", substitute "The annual".

276 Point 1066A-F1 (method statement, step 2, note)

Omit "a person's", substitute "A person's".

277 Point 1066A-F1 (note 1)

Omit "see", substitute "See".

278 Point 1066A-F1 (note 2)

Omit "the application", substitute "The application".

279 Point 1066A-F1 (note 2)

Omit "to 1112);", substitute "to 1111).".

280 Point 1066A-F2A (note)

Omit "for", substitute "For".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

281 Point 1066A-F3 (note 1)

Omit "for", substitute "For".

282 Point 1066A-F3 (note 3)

Omit "items", substitute "Items".

283 Point 1066A-F3 (note 4)

Omit "the", substitute "The".

284 Point 1066A-H1 (method statement, step 1, notes 1, 2 and

Omit "for", substitute "For".

285 Point 1066A-H1 (method statement, step 2, note)

Omit "a person's", substitute "A person's".

286 Point 1066A-H1 (note 1)

Omit "see", substitute "See".

287 Point 1066A-H1 (note 2)

Omit "the application", substitute "The application".

288 Point 1066A-H3 (notes 1 and 2)

Omit "for", substitute "For".

289 Point 1066A-H3 (note 3)

Omit "items", substitute "Items".

290 Point 1066A-H3 (note 4)

Omit "the", substitute "The".

291 Point 1066A-H4 (notes 1 and 3)

Omit "for", substitute "For".

292 Point 1066A-I1 (note)

Omit "for", substitute "For".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

293 Point 1066B-A1 (note)

Omit "an amount", substitute "An amount".

294 Point 1066B-B1 (note)

Omit "Note:", substitute "Note 2:".

295 Point 1066B-C1 (note)

Omit "the", substitute "The".

296 Point 1066B-D4 (note)

Omit "for", substitute "For".

297 Point 1066B-D6 (note 1)

Omit "for", substitute "For".

298 Point 1066B-D6 (note 2)

Omit "the annual", substitute "The annual".

299 Point 1066B-F1 (note)

Omit "for", substitute "For".

300 Point 1066B-F2 (note 1)

Omit "Note 1", substitute "Note".

301 Point 1067G-B4 (note)

Repeal the note, substitute:

Note:

The rates in column 3 are indexed annually in line with CPI increases

(see sections 1191 to 1194).

302 Point 1067G-H1 (paragraph (e) of note 2)

Omit "to 1112);", substitute "to 1111).".

303 Point 1067L-D1 (paragraph (e) of note 2)

Omit "to 1112", substitute "to 1111".

304 Subsection 1068(2) (note)

Omit "this", substitute "This".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

305 Subsection 1068(3) (note 1)

Omit "a benefit", substitute "A benefit".

306 Subsection 1068(3) (note 1)

Omit "sections 408CF, 532, 614, 660YCF, 675 and 771HI", substitute

"sections 408CF, 614, 660YCF and 771HI".

307 Subsection 1068(3) (note 2)

Omit "for", substitute "For".

308 Point 1068-A1 (note 1)

Omit "if a", substitute "If a".

309 Point 1068-A1 (note 2)

Omit "in some", substitute "In some".

310 Point 1068-A1 (note 3)

Omit "an amount", substitute "An amount".

311 Point 1068-B1 (note 2)

Omit "for", substitute "For".

312 Point 1068-B1 (note 5)

Omit "the rates", substitute "The rates".

313 Point 1068-B1 (note 7)

Omit "some", substitute "Some".

314 Point 1068-D6 (note)

Omit "for", substitute "For".

315 Point 1068-D7 (note at the end of the definition of

pharmaceutical allowance rate)

Omit "the", substitute "The".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

316 Point 1068-D8

Omit "Pharmaceutical allowance is not be added", substitute

"Pharmaceutical allowance is not to be added".

317 Point 1068-D8 (note 1)

Omit "for", substitute "For".

318 Point 1068-D8 (note 2)

Omit "the annual", substitute "The annual".

319 Point 1068-G1 (method statement, step 1, note 2)

Repeal the note, substitute:

Note:

For the treatment of amounts received from friendly societies, see

point 1068-G4.

320 Point 1068-G1 (note 1)

Omit "for", substitute "For".

321 Point 1068-G1 (note 2)

Omit "see", substitute "See".

322 Point 1068-G1 (note 3)

Omit "the application", substitute "The application".

323 Point 1068-G1 (note 3)

Omit "to 1112", substitute "to 1111".

324 Point 1068-G5 (note)

Omit "point", substitute "Point".

325 Point 1068-G8A (note)

Omit "for", substitute "For".

326 Point 1068-J1 (note 1)

Omit "for", substitute "For".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

327 Point 1068-J1 (note 2)

Omit "a person", substitute "A person".

328 Point 1068A-E1 (paragraph (e) of note 2)

Omit "to 1112", substitute "to 1111".

329 Point 1068B-A2 (note 2)

Omit "section 1207", substitute "section 1210".

330 Point 1068B-A3 (note 2)

Omit "section 1207", substitute "section 1210".

331 Point 1068B-D1 (paragraph (e) of note 3)

Omit "to 1112", substitute "to 1111".

332 Point 1068B-D15 (paragraphs (a) and (b) of note 3)

Omit "PP (partnered)", substitute "benefit PP (partnered)".

333 Paragraphs 1106(2)(a) and (b)

Omit "a social security pension a social security benefit", substitute "a

social security pension, a social security benefit".

334 Subsection 1106(3) (note)

Omit "for", substitute "For".

335 Section 1108 (notes 1, 2 and 3)

Omit "for", substitute "For".

336 Subsection 1109(1) (notes 1 and 2)

Omit "for", substitute "For".

337 Subsection 1109(4) (note)

Omit "for", substitute "For".

338 Paragraph 1118(1)(ga) (note)

Omit "a person", substitute "A person".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

339 Subsection 1118(1) (notes 1, 2, 3 and 4)

Omit "for", substitute "For".

340 Section 1118B

Renumber as section 1118A.

341 Subsection 1121(1) (note)

Omit "this", substitute "This".

342 Subsection 1121A(1) (note)

Omit "for", substitute "For".

343 Subsection 1123(1)

Omit "disposes of assets", substitute "disposes of assets".

344 Subsections 1123(3) and (4) (note)

Omit "for", substitute "For".

345 Subsection 1124A(1) (notes 1 and 2)

Omit "for", substitute "For".

346 Subsection 1124A(1) (note 4)

Omit "if a", substitute "If a".

347 Subsection 1125(1) (notes 1 and 2)

Omit "for", substitute "For".

348 Subsection 1125A(1) (notes 1 and 2)

Omit "for", substitute "For".

349 Subsection 1125A(1) (note 4)

Omit "if a", substitute "If a".

350 Subsection 1126(1) (notes 1 and 2)

Omit "for", substitute "For".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

351 Subsection 1129(1) (note 2)

Omit "for", substitute "For".

352 Subsection 1130(6A) (note)

Omit "for", substitute "For".

353 Subsection 1131(1) (note)

Omit "for", substitute "For".

354 Subsection 1132(2) (note)

Omit "for" (first occurring), substitute "For".

355 Section 1141 (note 2)

Omit "sections 1142A and section 1139", substitute "sections 1139 and

1142A".

356 Section 1146 (notes 1, 2 and 3)

Omit "for", substitute "For".

357 Subsection 1147(1C) (note)

Omit "for", substitute "For".

358 Subsection 1152(5) (note)

Omit "the", substitute "The".

359 Subsection 1153(3) (note)

Omit "the", substitute "The".

360 Subsection 1154(2) (note)

Omit "the", substitute "The".

361 Subsection 1157A(1)

Omit "Division 3 to 7", substitute "Divisions 3 to 9".

362 Subsection 1157A(1)

Omit "Division 8", substitute "Division 10".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

363 Division 8 of Part 3.12A (the Division 8 inserted by

section 7 of the Social Security Legislation Amendment

Act (No. 2) 1993)

Renumber as Division 10.

364 Division 3 of Part 3.14A (heading)

Repeal the heading.

365 Paragraph 1187(2)(b)

Omit "or AEIS".

366 Subsection 1192(2) (note 1)

Omit "for", substitute "For".

367 Subsection 1193(1) (note)

Omit "for", substitute "For".

368 Subsection 1194(1) (notes 1 and 2)

Omit "for", substitute "For".

369 Subsection 1198C(1) (note)

Omit "for", substitute "For".

370 Subsection 1206A(1) (note 1)

Omit "for", substitute "For".

371 Subsection 1206A(1) (note 2)

Omit "the benefit", substitute "The benefit".

372 Subsection 1206A(2) (note 1)

Omit "derivation of", substitute "Derivation of".

373 Subsection 1206A(2) (note 2)

Omit "for", substitute "For".

374 Subsection 1206A(2) (note 3)

Omit "the benefit", substitute "The benefit".

Definitions and technical corrections Schedule 5

Technical corrections Part 2

No. , 2014

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

375 Subsections 1206B(1), (2), (3) and (4) (notes 1, 2 and 3)

Omit "for", substitute "For".

376 Paragraph 1208U(1)(e)

Omit "clause 19 of Schedule 1 to the A New Tax System (Family

Assistance) Act 1999", substitute "clause 38N of Schedule 1 to the A

New Tax System (Family Assistance) Act 1999".

377 Point 1221-B2 (note)

Omit "for", substitute "For".

378 Point 1221-C1 (note)

Omit "if a", substitute "If a".

379 Subsection 1222(3) (note)

Omit "for", substitute "For".

380 Subsection 1223AA(1) (note 4)

Omit "Note 4", substitute "Note".

381 Section 1223AB (note 1)

Omit "Note 1", substitute "Note".

382 Subsection 1224B(1) (note 4)

Omit "Note 4", substitute "Note".

383 Subsection 1224C(1)

Omit "(1)".

384 Subsection 1224C(1) (note 4)

Omit "Note 4", substitute "Note".

385 Subsection 1230(1) (notes 1 and 2)

Omit "for", substitute "For".

386 Subsection 1230A(1) (notes 1 and 2)

Omit "for", substitute "For".

Schedule 5 Definitions and technical corrections

Part 2 Technical corrections

Social Services and Other Legislation Amendment (Seniors Health

Card and Other Measures) Bill 2014

No. , 2014

387 Subsection 1232(1)

Omit "jurdisdiction", substitute "jurisdiction".

388 Subsection 1233(3) (note 2)

Omit "see", substitute "See".

389 Subsection 1233(7D)

Omit "commmenced", substitute "commenced".

Commonwealth of Australia Bills

SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (SENIORS HEALTH CARD AND OTHER MEASURES) BILL 2014