Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services and Other Legislation
Amendment (Workforce Incentive) Bill
2022
No. , 2022
(Social Services)
A Bill for an Act to amend the law relating to social
security and veterans' entitlements, and for related
purposes
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Suspension of benefits and entitlements instead of
cancellation
3
Part 1--Social security amendments
3
Social Security (Administration) Act 1999
3
Part 2--Veterans' entitlements amendments
14
Veterans' Entitlements Act 1986
14
Schedule 2--Extended qualification for pensioner concession
cards
21
Part 1--Former recipients of age pensions
21
Social Security Act 1991
21
Part 2--Former recipients of disability support pensions
25
Social Security Act 1991
25
Part 3--Former recipients of veterans' entitlements and certain
partners
29
Veterans' Entitlements Act 1986
29
Part 4--Certain partners of former recipients of veterans'
entitlements
33
Social Security Act 1991
33
Schedule 3--Pensioner work bonus temporary increase
36
Social Security Act 1991
36
Veterans' Entitlements Act 1986
37
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
1
A Bill for an Act to amend the law relating to social
1
security and veterans' entitlements, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Social Services and Other Legislation Amendment
6
(Workforce Incentive) Act 2022.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
1
Commencement information
Column 1
Column 2
Column 3
Provisions
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
and 2
The later of:
(a) 1 January 2023; and
(b) the day after the end of the period of 1
month beginning on the day this Act
receives the Royal Assent.
3. Schedule 3
As follows:
(a) if this Act receives the Royal Assent
before 25 November 2022--1 December
2022;
(b) if this Act receives the Royal Assent on
or after 25 November 2022--the seventh
day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Suspension of benefits and entitlements instead of cancellation
Schedule 1
Social security amendments
Part 1
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
3
Schedule 1--Suspension of benefits and
1
entitlements instead of cancellation
2
Part 1--Social security amendments
3
Social Security (Administration) Act 1999
4
1 After section 95C
5
Insert:
6
95D Age pension--suspension instead of cancellation under
7
section 93 or 94
8
Application
9
(1) This section applies if:
10
(a) age pension ceases to be payable to a person because the rate
11
of the person's pension is nil; and
12
(b) the rate of the person's pension is nil because of the
13
occurrence of an event or change of circumstances (the
14
income-related event
) that results in the person's income
15
reduced rate (see subsection (2)) being nil; and
16
(c) the person is required to inform the Department of the
17
income-related event within a specified period (the
18
notification period
) because of a notice given to the person
19
under subsection 68(2); and
20
(d) but for the person's income reduced rate being nil, age
21
pension would have continued to be payable to the person;
22
and
23
(e) the person's pension is to be, or has been, cancelled under
24
section 93 or 94 because the pension ceased to be payable for
25
the reason mentioned in paragraph (b); and
26
(f) at the time of the cessation, the person's ordinary income (as
27
used to work out the person's income reduced rate) includes
28
income for remunerative work performed by the person in
29
Australia as an employee in an employer/employee
30
relationship.
31
Schedule 1
Suspension of benefits and entitlements instead of cancellation
Part 1
Social security amendments
4
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
(2) For the purposes of subsection (1), a person's
income reduced rate
1
is the rate worked out at step 8 of the method statement in point
2
1064-A1 in Module A of Pension Rate Calculator A.
3
Suspension determination--event notified within notification
4
period
5
(3) If:
6
(a) the person informs the Department of the income-related
7
event within the notification period; and
8
(b) the person's pension has not yet been cancelled under
9
section 93;
10
the Secretary may determine that:
11
(c) section 93 does not apply to cancel the person's pension; and
12
(d) the person's pension is suspended for a period of 2 years with
13
effect from the day the pension would otherwise have ceased
14
to be payable under section 93.
15
(4) If:
16
(a) the person informs the Department of the income-related
17
event within the notification period; and
18
(b) the person's pension has been cancelled under section 93;
19
and
20
(c) within the period of 2 years after the cancellation, the
21
ordinary income of the person is of an amount that would not
22
preclude the person from receiving age pension;
23
the Secretary may determine that:
24
(d) the person is to be treated as if section 93 had not applied to
25
cancel the person's pension; and
26
(e) the person's pension is suspended for a period of 2 years with
27
effect from the day the pension had ceased to be payable
28
under section 93.
29
Suspension determination--event not notified within notification
30
period
31
(5) If:
32
(a) the person does not inform the Department of the
33
income-related event within the notification period; and
34
Suspension of benefits and entitlements instead of cancellation
Schedule 1
Social security amendments
Part 1
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
5
(b) the person's pension has been cancelled under section 94;
1
and
2
(c) the Department subsequently becomes aware of the
3
income-related event; and
4
(d) within the period of 2 years and 14 days after the
5
cancellation, the ordinary income of the person is of an
6
amount that would not preclude the person from receiving
7
age pension;
8
the Secretary may determine that:
9
(e) the person is to be treated as if section 94 had not applied to
10
cancel the person's pension; and
11
(f) the person's pension is suspended for a period of 2 years and
12
14 days with effect from the day the pension had ceased to be
13
payable under section 94.
14
Residency requirement
15
(6) The Secretary must not make a determination under subsection (3),
16
(4) or (5) unless the Secretary is satisfied that the person is residing
17
in Australia.
18
Resumption of age pension after suspension
19
(7) If:
20
(a) the Secretary suspends a person's age pension under
21
subsection (3), (4) or (5); and
22
(b) within the period the suspension is in effect, the Secretary
23
reconsiders the decision to suspend; and
24
(c) as a result of the reconsideration, the Secretary is satisfied
25
that:
26
(i) the person did not receive age pension that was payable
27
to the person; or
28
(ii) the person is not receiving age pension that is payable to
29
the person;
30
the Secretary is to determine that age pension was or is payable to
31
the person, as the case requires.
32
(8) The reconsideration referred to in paragraph (7)(b) may be a
33
reconsideration on an application under section 129 or a
34
reconsideration on the Secretary's own initiative.
35
Schedule 1
Suspension of benefits and entitlements instead of cancellation
Part 1
Social security amendments
6
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
(9) A determination that age pension was or is payable to the person
1
under subsection (7) takes effect:
2
(a) if the person applied for reconsideration under section 129--
3
on the day the application was made; or
4
(b) in any other case--on the day the Secretary starts to
5
reconsider the decision to suspend.
6
Cancellation of age pension after period of suspension
7
(10) If:
8
(a) the Secretary suspends a person's age pension for a period
9
under subsection (3), (4) or (5); and
10
(b) the suspension continues in effect throughout the period;
11
then, at the end of the period, the determination granting the person
12
age pension is, by force of this subsection, revoked.
13
2 At the end of paragraphs 96(1)(d) and (3)(d)
14
Add "with effect from the day the pension would otherwise have ceased
15
to be payable under section 93".
16
3 Paragraph 96(3A)(c)
17
Repeal the paragraph, substitute:
18
(c) as a result of the reconsideration, the Secretary is satisfied
19
that:
20
(i) the person did not receive disability support pension that
21
was payable to the person; or
22
(ii) the person is not receiving disability support pension
23
that is payable to the person;
24
4 Subsection 96(3A)
25
Omit "is payable to the person", substitute "was or is payable to the
26
person, as the case requires".
27
5 After subsection 96(3B)
28
Insert:
29
(3C) A determination that disability support pension was or is payable to
30
the person under subsection (3A) takes effect:
31
Suspension of benefits and entitlements instead of cancellation
Schedule 1
Social security amendments
Part 1
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
7
(a) if the person applied for reconsideration under section 129--
1
on the day the application was made; or
2
(b) in any other case--on the day the Secretary starts to
3
reconsider the decision to suspend.
4
6 At the end of subsection 96(6)
5
Add "for the period of the suspension of the person's disability support
6
pension".
7
7 At the end of paragraph 97(1)(e)
8
Add "with effect from the day the pension had ceased to be payable
9
under section 93".
10
8 At the end of subsection 97(2)
11
Add "for the period of the suspension of the person's disability support
12
pension".
13
9 At the end of paragraph 97(3)(d)
14
Add "with effect from the day the pension had ceased to be payable
15
under section 93".
16
10 At the end of subsection 97(4)
17
Add "for the period of the suspension of the person's disability support
18
pension".
19
11 Paragraph 97A(6)(c)
20
Repeal the paragraph, substitute:
21
(c) as a result of the reconsideration, the Secretary is satisfied
22
that:
23
(i) the person did not receive disability support pension that
24
was payable to the person; or
25
(ii) the person is not receiving disability support pension
26
that is payable to the person;
27
12 Subsection 97A(6)
28
Omit "is payable to the person", substitute "was or is payable to the
29
person, as the case requires".
30
Schedule 1
Suspension of benefits and entitlements instead of cancellation
Part 1
Social security amendments
8
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
13 At the end of section 97A
1
Add:
2
(8) A determination that disability support pension was or is payable to
3
the person under subsection (6) takes effect:
4
(a) if the person applied for reconsideration under section 129--
5
on the day the application was made; or
6
(b) in any other case--on the day the Secretary starts to
7
reconsider the decision to suspend.
8
14 Paragraph 97B(5)(c)
9
Repeal the paragraph, substitute:
10
(c) as a result of the reconsideration, the Secretary is satisfied
11
that:
12
(i) the person did not receive disability support pension that
13
was payable to the person; or
14
(ii) the person is not receiving disability support pension
15
that is payable to the person;
16
15 Subsection 97B(5)
17
Omit "is payable to the person", substitute "was or is payable to the
18
person, as the case requires".
19
16 At the end of section 97B
20
Add:
21
(7) A determination that disability support pension was or is payable to
22
the person under subsection (5) takes effect:
23
(a) if the person applied for reconsideration under section 129--
24
on the day the application was made; or
25
(b) in any other case--on the day the Secretary starts to
26
reconsider the decision to suspend.
27
17 After section 97B
28
Insert:
29
Suspension of benefits and entitlements instead of cancellation
Schedule 1
Social security amendments
Part 1
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
9
97C Age pension, disability support pension and carer payment--
1
suspension instead of cancellation under section 93 or 94
2
(partners)
3
Application
4
(1) This section applies if:
5
(a) one of the following determinations is made, in relation to a
6
person who is a member of a couple, because of the
7
occurrence of an event or change of circumstances:
8
(i) a determination under subsection 95D(3), (4) or (5)
9
suspending the person's age pension because the
10
pension ceased to be payable to the person;
11
(ii) a determination under subsection 96(1), 97(1), 97A(1)
12
or 97A(2) suspending the person's disability support
13
pension because the person ceased to be qualified for
14
the pension;
15
(iii) a determination under subsection 96(3), 97(3) or 97B(1)
16
suspending the person's disability support pension
17
because the pension ceased to be payable to the person;
18
(iv) a determination under subsection 56ED(3), (4) or (5) of
19
the Veterans' Entitlements Act suspending the person's
20
age service pension, invalidity service pension, income
21
support supplement or veteran payment because the
22
pension, supplement or payment ceased to be payable to
23
the person; and
24
(b) immediately before the event or change of circumstances, the
25
person's partner was receiving an age pension, disability
26
support pension or carer payment; and
27
(c) the partner's pension or payment ceases to be payable to the
28
partner because the rate of the partner's pension or payment
29
is nil; and
30
(d) the partner's cessation of payability occurs because of the
31
occurrence of the same event or change of circumstances that
32
resulted in the person's cessation of payability or
33
qualification; and
34
(e) because of the partner's cessation of payability, the partner's
35
pension or payment is to be, or has been, cancelled under
36
section 93 or 94.
37
Schedule 1
Suspension of benefits and entitlements instead of cancellation
Part 1
Social security amendments
10
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
Note:
For suspensions when a person's partner has been receiving service
1
pension, income support supplement or veteran payment, see
2
section 56EE of the Veterans' Entitlements Act.
3
Partner suspension determination
4
(2) The Secretary may determine that:
5
(a) the partner is to be treated as if section 93 or 94 does not
6
apply or had not applied (as the case may be) to cancel the
7
partner's pension or payment; and
8
(b) the partner's pension or payment is suspended with effect
9
from the day the pension or payment would otherwise have
10
ceased to be payable under section 93 or 94, for a period of:
11
(i) if section 94 would otherwise have applied--2 years
12
and 14 days; or
13
(ii) in all other cases--2 years.
14
Resumption of partner's pension or payment after suspension
15
(3) If:
16
(a) the Secretary suspends the partner's pension or payment
17
under subsection (2); and
18
(b) within the period the suspension is in effect, the Secretary
19
reconsiders the decision to suspend; and
20
(c) as a result of the reconsideration, the Secretary is satisfied
21
that:
22
(i) the partner did not receive pension or payment that was
23
payable to the partner; or
24
(ii) the partner is not receiving pension or payment that is
25
payable to the partner;
26
the Secretary is to determine that pension or payment was or is
27
payable to the partner, as the case requires.
28
(4) The reconsideration referred to in paragraph (3)(b) may be a
29
reconsideration on an application under section 129 or a
30
reconsideration on the Secretary's own initiative.
31
(5) A determination that pension or payment was or is payable to the
32
partner under subsection (3) takes effect:
33
(a) if the partner applied for reconsideration under section 129--
34
on the day the application was made; or
35
Suspension of benefits and entitlements instead of cancellation
Schedule 1
Social security amendments
Part 1
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
11
(b) in any other case--on the day the Secretary starts to
1
reconsider the decision to suspend.
2
Cancellation of partner's pension or payment after period of
3
suspension
4
(6) If:
5
(a) the Secretary suspends the partner's pension or payment for a
6
period under subsection (2); and
7
(b) the suspension continues in effect throughout the period;
8
then, at the end of the period, the determination granting the
9
partner pension or payment is, by force of this subsection, revoked.
10
Partner ceasing to be member of couple
11
(7) To avoid doubt, subsections (3) to (6) apply to the partner even if
12
the partner ceases to be a member of the couple after the event or
13
change of circumstances referred to in subsection (1).
14
18 Application provisions
15
Amendments relating to suspension of age pension
16
(1)
Section 95D of the
Social Security (Administration) Act 1999
, as
17
inserted by this Part, applies in relation to:
18
(a) age pension ceasing to be payable on or after the
19
commencement of this Part (whether the pension first
20
became payable before, on or after that commencement); and
21
(b) age pension ceasing to be payable during the period of 12
22
weeks ending immediately before the commencement of this
23
Part.
24
Amendments relating to suspension of disability support pension
25
(2)
The amendments of subsections 96(1), (3) and (6) of the
Social Security
26
(Administration) Act 1999
made by this Part apply in relation to a
27
determination made under those subsections on or after the
28
commencement of this Part.
29
(3)
The amendments of subsection 96(3A) of the
Social Security
30
(Administration) Act 1999
made by this Part apply in relation to a
31
Schedule 1
Suspension of benefits and entitlements instead of cancellation
Part 1
Social security amendments
12
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
determination made under subsection 96(1) or (3) of that Act before, on
1
or after the commencement of this Part.
2
(4)
Subsection 96(3C) of the
Social Security (Administration) Act 1999
, as
3
inserted by this Part, applies in relation to a determination made under
4
subsection 96(3A) of that Act on or after the commencement of this
5
Part.
6
(5)
The amendments of subsections 97(1), (2), (3) and (4) of the
Social
7
Security (Administration) Act 1999
made by this Part apply in relation
8
to a determination made under those subsections on or after the
9
commencement of this Part.
10
(6)
The amendments of subsection 97A(6) of the
Social Security
11
(Administration) Act 1999
made by this Part apply in relation to a
12
determination made under subsection 97A(1) or (2) of that Act before,
13
on or after the commencement of this Part.
14
(7)
Subsection 97A(8) of the
Social Security (Administration) Act 1999
, as
15
added by this Part, applies in relation to a determination made under
16
subsection 97A(6) of that Act on or after the commencement of this
17
Part.
18
(8)
The amendments of subsection 97B(5) of the
Social Security
19
(Administration) Act 1999
made by this Part apply in relation to a
20
determination made under subsection 97B(1) of that Act before, on or
21
after the commencement of this Part.
22
(9)
Subsection 97B(7) of the
Social Security (Administration) Act 1999
, as
23
added by this Part, applies in relation to a determination made under
24
subsection 97B(5) of that Act on or after the commencement of this
25
Part.
26
Amendments relating to partner suspensions
27
(10)
Section 97C of the
Social Security (Administration) Act 1999
, as
28
inserted by this Part, applies in relation to a cessation of payability of,
29
or qualification for, a pension, supplement or payment as referred to in
30
paragraph 97C(1)(a) that occurs:
31
(a) on or after the commencement of this Part (whether the
32
pension, supplement or payment first became payable before,
33
on or after that commencement); or
34
Suspension of benefits and entitlements instead of cancellation
Schedule 1
Social security amendments
Part 1
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
13
(b) during the period of 12 weeks ending immediately before the
1
commencement of this Part.
2
Schedule 1
Suspension of benefits and entitlements instead of cancellation
Part 2
Veterans' entitlements amendments
14
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
Part 2--Veterans' entitlements amendments
1
Veterans' Entitlements Act 1986
2
19 Subsection 56(2) (note)
3
Repeal the note, substitute:
4
Note:
In some circumstances, the Commission may decide that the pension,
5
supplement or payment is not cancelled but suspended (see
6
sections 56ED and 56EE).
7
20 Subsection 56A(2) (note)
8
Repeal the note, substitute:
9
Note:
In some circumstances, the Commission may decide that the pension,
10
supplement or payment is not cancelled but suspended (see
11
sections 56ED and 56EE).
12
21 After section 56EC
13
Insert:
14
56ED Suspension instead of automatic termination under section 56
15
or 56A
16
Application
17
(1) This section applies if:
18
(a) service pension, income support supplement or veteran
19
payment ceases to be payable to a person because the rate of
20
the person's pension, supplement or payment is nil; and
21
(b) the rate of the person's pension, supplement or payment is nil
22
because of the occurrence of an event or change of
23
circumstances (the
income-related event
) that results in the
24
person's income reduced rate (see subsection (2)) being nil;
25
and
26
(c) the person is required to inform the Department or a specified
27
officer of the income-related event within a specified period
28
(the
notification period
) because of a notice given to the
29
person under section 54; and
30
Suspension of benefits and entitlements instead of cancellation
Schedule 1
Veterans' entitlements amendments
Part 2
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
15
(d) but for the person's income reduced rate being nil, the
1
pension, supplement or payment would have continued to be
2
payable to the person; and
3
(e) the person's pension, supplement or payment is to be, or has
4
been, cancelled under section 56 or 56A because the pension,
5
supplement or payment ceased to be payable for the reason
6
mentioned in paragraph (b); and
7
(f) at the time of the cessation, the person's ordinary income (as
8
used to work out the person's income reduced rate) includes
9
income for remunerative work performed by the person in
10
Australia as an employee in an employer/employee
11
relationship.
12
Note:
When a person's pension or supplement ceases to be payable in the
13
circumstances set out in this subsection, the person will generally
14
continue to be eligible for fringe benefits for up to 2 years (see
15
subsection 53A(3)).
16
(2) For the purposes of subsection (1), a person's
income reduced
17
rate
, in relation to a service pension, income support supplement or
18
veteran payment, is the rate worked out in relation to that pension,
19
supplement or payment at step 6 of method statement 1, step 6 of
20
method statement 5 or step 6 of method statement 7, as the case
21
may be, in Module A of the Rate Calculator.
22
Suspension determination--event notified within notification
23
period
24
(3) If:
25
(a) the person informs the Department or specified officer of the
26
income-related event within the notification period; and
27
(b) the person's pension, supplement or payment has not yet
28
been cancelled under section 56;
29
the Commission may determine in writing that:
30
(c) section 56 does not apply to cancel the person's pension,
31
supplement or payment; and
32
(d) the person's pension, supplement or payment is suspended.
33
(4) If:
34
(a) the person informs the Department or specified officer of the
35
income-related event within the notification period; and
36
Schedule 1
Suspension of benefits and entitlements instead of cancellation
Part 2
Veterans' entitlements amendments
16
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
(b) the person's pension, supplement or payment has been
1
cancelled under section 56;
2
the Commission may determine in writing that:
3
(c) the person is to be treated as if section 56 had not applied to
4
cancel the person's pension, supplement or payment; and
5
(d) the person's pension, supplement or payment is suspended.
6
Suspension determination--event not notified within notification
7
period
8
(5) If:
9
(a) the person does not inform the Department or specified
10
officer of the income-related event within the notification
11
period; and
12
(b) the person's pension, supplement or payment has been
13
cancelled under section 56A; and
14
(c) the Department subsequently becomes aware of the
15
income-related event;
16
the Commission may determine in writing that:
17
(d) the person is to be treated as if section 56A had not applied to
18
cancel the person's pension, supplement or payment; and
19
(e) the person's pension, supplement or payment is suspended.
20
Rules for suspension determinations
21
(6) The Commission must not make a determination under
22
subsection (3), (4) or (5) unless the Commission is satisfied that the
23
person is residing in Australia.
24
(7) A determination under subsection (3), (4) or (5) takes effect on the
25
day on which, but for the determination, the person's pension,
26
supplement or payment would be cancelled under section 56 or
27
56A.
28
Cancellation of pension, supplement or payment after 2 years
29
(8) If:
30
(a) the Commission makes a determination suspending a
31
person's pension, supplement or payment under
32
subsection (3), (4) or (5); and
33
Suspension of benefits and entitlements instead of cancellation
Schedule 1
Veterans' entitlements amendments
Part 2
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
17
(b) the determination continues in effect throughout the period of
1
2 years from its date of effect;
2
then, at the end of the period:
3
(c) the suspension ends; and
4
(d) the pension, supplement or payment is cancelled.
5
Note:
The Commission may end a suspension if satisfied that a person's
6
pension, supplement or payment is payable to the person (see
7
section 56F).
8
56EE Suspension instead of automatic termination under section 56
9
or 56A--partners
10
Application
11
(1) This section applies if:
12
(a) one of the following determinations is made, in relation to a
13
person who is a member of a couple, because of the
14
occurrence of an event or change of circumstances:
15
(i) a determination under subsection 56ED(3), (4) or (5)
16
suspending the person's service pension, income
17
support supplement or veteran payment because the
18
pension, supplement or payment ceased to be payable to
19
the person;
20
(ii) a determination under subsection 95D(3), (4) or (5) of
21
the
Social Security (Administration) Act 1999
22
suspending the person's age pension because the
23
pension ceased to be payable to the person;
24
(iii) a determination under subsection 96(1), 97(1), 97A(1)
25
or 97A(2) of the
Social Security (Administration) Act
26
1999
suspending the person's disability support pension
27
because the person ceased to be qualified for the
28
pension;
29
(iv) a determination under subsection 96(3), 97(3) or 97B(1)
30
of the
Social Security (Administration) Act 1999
31
suspending the person's disability support pension
32
because the pension ceased to be payable to the person;
33
and
34
Schedule 1
Suspension of benefits and entitlements instead of cancellation
Part 2
Veterans' entitlements amendments
18
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
(b) immediately before the event or change of circumstances, the
1
person's partner was receiving a service pension, income
2
support supplement or veteran payment; and
3
(c) the partner's pension, supplement or payment ceases to be
4
payable to the partner because the rate of the partner's
5
pension, supplement or payment is nil; and
6
(d) the partner's cessation of payability occurs because of the
7
occurrence of the same event or change of circumstances that
8
resulted in the person's cessation of payability or
9
qualification; and
10
(e) because of the partner's cessation of payability, the partner's
11
pension, supplement or payment is to be, or has been,
12
cancelled under section 56 or 56A.
13
Note:
For suspensions when a person's partner has been receiving age
14
pension, disability support pension or carer payment, see section 97C
15
of the
Social Security (Administration) Act 1999
.
16
Partner suspension determination
17
(2) The Commission may determine in writing that:
18
(a) the partner is to be treated as if section 56 or 56A does not
19
apply or had not applied (as the case may be) to cancel the
20
partner's pension, supplement or payment; and
21
(b) the partner's pension, supplement or payment is suspended.
22
Note:
When a partner's pension or supplement ceases to be payable in the
23
circumstances set out in subsection (1), the partner will generally
24
continue to be eligible for fringe benefits for up to 2 years (see
25
subsection 53A(5)).
26
(3) However, subsection (2) does not apply if:
27
(a) the determination referred to in paragraph (1)(a) suspended
28
the person's partner service pension; and
29
(b) the partner was receiving income support supplement or
30
veteran payment.
31
When suspension determinations take effect
32
(4) A determination under subsection (2) takes effect on the day on
33
which, but for the determination, the partner's pension, supplement
34
or payment would be cancelled under section 56 or 56A.
35
Suspension of benefits and entitlements instead of cancellation
Schedule 1
Veterans' entitlements amendments
Part 2
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
19
Cancellation of partner's pension, supplement or payment after 2
1
years
2
(5) If:
3
(a) the Commission makes a determination suspending the
4
partner's pension, supplement or payment under
5
subsection (2); and
6
(b) the determination continues in effect throughout the period of
7
2 years from its date of effect;
8
then, at the end of the period:
9
(c) the suspension ends; and
10
(d) the pension, supplement or payment is cancelled.
11
Note:
The Commission may end a suspension if satisfied that the partner's
12
pension, supplement or payment is payable to the partner (see
13
section 56F).
14
Partner ceasing to be member of couple
15
(6) To avoid doubt, subsection (5) applies to the partner even if the
16
partner ceases to be a member of the couple after the event or
17
change of circumstances referred to in subsection (1).
18
22 Paragraph 56F(a)
19
Omit "or 56EB", substitute ", 56EB, 56ED or 56EE".
20
23 Paragraph 56M(2)(b)
21
Repeal the paragraph, substitute:
22
(b) ending when the suspension ends:
23
(i) under a determination of the Commission (under
24
section 56F or 56L); or
25
(ii) because of the operation of subsection 56ED(8) or
26
56EE(5).
27
24 After paragraph 57(2)(b)
28
Insert:
29
(ba) making, or refusing to make, a determination that a service
30
pension, income support supplement or a veteran payment be
31
suspended instead of cancelled under section 56ED or 56EE;
32
or
33
Schedule 1
Suspension of benefits and entitlements instead of cancellation
Part 2
Veterans' entitlements amendments
20
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
25 Application provisions
1
(1)
Section 56ED of the
Veterans' Entitlements Act 1986
, as inserted by
2
this Part, applies in relation to:
3
(a) service pension, income support supplement or veteran
4
payment ceasing to be payable on or after the commencement
5
of this Part (whether the pension, supplement or payment
6
first became payable before, on or after that commencement);
7
and
8
(b) service pension, income support supplement or veteran
9
payment ceasing to be payable during the period of 12 weeks
10
ending immediately before the commencement of this Part.
11
(2)
Section 56EE of the
Veterans' Entitlements Act 1986
, as inserted by this
12
Part, applies in relation to a cessation of payability of, or qualification
13
for, a pension, supplement or payment as referred to in
14
paragraph 56EE(1)(a) that occurs:
15
(a) on or after the commencement of this Part (whether the
16
pension, supplement or payment first became payable before,
17
on or after that commencement); or
18
(b) during the period of 12 weeks ending immediately before the
19
commencement of this Part.
20
Extended qualification for pensioner concession cards
Schedule 2
Former recipients of age pensions
Part 1
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
21
Schedule 2--Extended qualification for
1
pensioner concession cards
2
Part 1--Former recipients of age pensions
3
Social Security Act 1991
4
1 After section 1061ZC
5
Insert:
6
1061ZCA Extended qualification rule: former recipient of age
7
pension and partner
8
Qualification
9
(1) Subject to subsections (8) and (9), a person is qualified for a
10
pensioner concession card for the period of 2 years starting on the
11
day on which this section begins to apply to the person.
12
Former recipient of age pension with employment income
13
(2) Subject to subsection (6), this section applies to a person if:
14
(a) the person has been receiving an age pension; and
15
(b) age pension ceases to be payable to the person because the
16
rate of the person's pension is nil; and
17
(c) the rate of the person's pension is nil because of the
18
occurrence of an event or change of circumstances that
19
results in the person's income reduced rate (see
20
subsection (3)) being nil; and
21
(d) but for the person's income reduced rate being nil, the person
22
would have continued to be qualified for a pensioner
23
concession card because age pension would have continued
24
to be payable to the person; and
25
(e) at the time of the cessation, the person's ordinary income (as
26
used to work out the person's income reduced rate) includes
27
income for remunerative work performed by the person in
28
Australia as an employee in an employer/employee
29
relationship.
30
Schedule 2
Extended qualification for pensioner concession cards
Part 1
Former recipients of age pensions
22
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
(3) For the purposes of subsection (2), a person's
income reduced rate
1
is the rate worked out at step 8 of the method statement in point
2
1064-A1 in Module A of Pension Rate Calculator A.
3
Partner of former recipient of age pension with employment
4
income
5
(4) Subject to subsection (6), this section applies to a person who is a
6
member of a couple if:
7
(a) the person's partner is qualified for a pensioner concession
8
card under this section because subsection (2) applies to the
9
partner, because of the occurrence of an event or change of
10
circumstances referred to in that subsection and age pension
11
ceasing to be payable to the partner; and
12
(b) immediately before the event or change of circumstances, the
13
person was receiving an age pension, disability support
14
pension or carer payment; and
15
(c) the person's pension or payment ceases to be payable to the
16
person because the rate of the person's pension or payment is
17
nil; and
18
(d) the person's cessation of payability occurs because of the
19
occurrence of the same event or change of circumstances that
20
resulted in the partner's cessation of payability.
21
(5) To avoid doubt, if the person ceases to be a member of the couple
22
after that event or change of circumstances, the person's
23
qualification for a pensioner concession card because of
24
subsection (4) is not affected.
25
Residency requirement
26
(6) This section only applies to a person while the person is residing in
27
Australia.
28
Note:
If the person is temporarily absent from Australia, the person
29
continues to be qualified for a pensioner concession card for a
30
maximum period of up to 6 weeks (see Division 4).
31
(7) However, this section applies to a person in relation to a day if:
32
(a) the person is in Australia on that day but not residing in
33
Australia; and
34
Extended qualification for pensioner concession cards
Schedule 2
Former recipients of age pensions
Part 1
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
23
(b) the age pension, disability support pension or carer payment
1
that the person had been receiving was received solely
2
because of the operation of the scheduled international social
3
security agreement between Australia and New Zealand.
4
No double qualification--person receiving certain other social
5
security payments
6
(8) If, during the period of 2 years referred to in subsection (1), a
7
person receives an instalment of a social security pension that
8
relates to one or more days within that period, the person is not
9
qualified under this section for a pensioner concession card on the
10
day or days in relation to which the person receives the instalment.
11
(9) If, during the period of 2 years referred to in subsection (1), a
12
person receives an instalment of:
13
(a) a youth allowance while subsection 1061ZA(2A) applies to
14
the person; or
15
(b) a jobseeker payment while subsection 1061ZA(2B) applies to
16
the person; or
17
(c) a benefit PP (partnered) while subsection 1061ZA(2D)
18
applies to the person;
19
that relates to one or more days within that period, the person is not
20
qualified under this section for a pensioner concession card on the
21
day or days in relation to which the person receives the instalment.
22
2 Subsection 1061ZEA(1)
23
Before "1061ZD", insert "1061ZCA,".
24
3 Subparagraph 1061ZUC(1)(a)(i)
25
After "1061ZC,", insert "1061ZCA,".
26
4 Application provision
27
Section 1061ZCA of the
Social Security Act 1991
, as inserted by this
28
Part, applies in relation to age pension ceasing to be payable, or in the
29
case of subsection 1061ZCA(4) the partner's age pension ceasing to be
30
payable as referred to in paragraph 1061ZCA(4)(a), where the cessation
31
occurs:
32
Schedule 2
Extended qualification for pensioner concession cards
Part 1
Former recipients of age pensions
24
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
(a) on or after the commencement of this Part (whether the
1
pension first became payable before, on or after that
2
commencement); or
3
(b) during the period of 12 weeks ending immediately before the
4
commencement of this Part.
5
Extended qualification for pensioner concession cards
Schedule 2
Former recipients of disability support pensions
Part 2
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
25
Part 2--Former recipients of disability support
1
pensions
2
Social Security Act 1991
3
5 Section 1061ZD (at the end of the heading)
4
Add "
and partner
".
5
6 Before subsection 1061ZD(1)
6
Insert:
7
Qualification
8
7 Subsection 1061ZD(1)
9
Omit "52 weeks", substitute "2 years".
10
8 Before section 1061ZD(2)
11
Insert:
12
Former recipient with 30 hours per week employment
13
9 Before subsection 1061ZD(3)
14
Insert:
15
Former recipient with increase in employment income
16
10 After subsection 1061ZD(3)
17
Insert:
18
Partner of former recipient with employment
19
(3A) Subject to subsection (4), this section applies to a person who is a
20
member of a couple if:
21
(a) the person's partner is qualified for a pensioner concession
22
card under this section because:
23
(i) subsection (2) applies to the partner because of the
24
occurrence of the event or change of circumstances
25
Schedule 2
Extended qualification for pensioner concession cards
Part 2
Former recipients of disability support pensions
26
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
covered by that subsection and the partner ceasing to be
1
qualified for disability support pension; or
2
(ii) subsection (3) applies to the partner because of the
3
occurrence of the event or change of circumstances
4
covered by that subsection and disability support
5
pension ceasing to be payable to the partner; and
6
(b) immediately before the event or change of circumstances, the
7
person was receiving an age pension, disability support
8
pension or carer payment; and
9
(c) the person's pension or payment ceases to be payable to the
10
person because the rate of the person's pension or payment is
11
nil; and
12
(d) the person's cessation of payability occurs because of the
13
occurrence of the same event or change of circumstances that
14
resulted in the partner's cessation of qualification or
15
payability.
16
(3B) To avoid doubt, if the person ceases to be a member of the couple
17
after that event or change of circumstances, the person's
18
qualification for a pensioner concession card because of
19
subsection (3A) is not affected.
20
11 Before subsection 1061ZD(4)
21
Insert:
22
Residency requirement
23
12 Before subsection 1061ZD(5)
24
Insert:
25
No double qualification--person receiving certain other social
26
security payments
27
13 Subsections 1061ZD(5) and (5A)
28
Omit "52 weeks", substitute "2 years".
29
14 Before subsection 1061ZD(6)
30
Insert:
31
Extended qualification for pensioner concession cards
Schedule 2
Former recipients of disability support pensions
Part 2
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
27
Residency requirement exception--New Zealand agreement
1
15 Paragraph 1061ZD(6)(b)
2
Omit "disability support pension", substitute "age pension, disability
3
support pension or carer payment".
4
16 Before subsection 1061ZD(7)
5
Insert:
6
No double qualification--person with partial capacity to work
7
17 Application provisions
8
(1)
The amendments of subsections 1061ZD(1), (5) and (5A) of the
Social
9
Security Act 1991
made by this Part apply in relation to a person who
10
receives a disability support pension on or after the commencement day
11
(whether or not the person was receiving the pension before the
12
commencement day).
13
(2)
If:
14
(a) on a day during the period:
15
(i) starting on the day that is 52 weeks before the
16
commencement day; and
17
(ii) ending on the day before the commencement day;
18
section 1061ZD of the
Social Security Act 1991
(as in force
19
on the relevant day during that period) begins to apply to a
20
person; and
21
(b) on the day before the commencement day the person is
22
qualified for a pensioner concession card under
23
section 1061ZD or subsection 1061ZA(1), (2A), (2B) or (2D)
24
of the
Social Security Act 1991
;
25
the amendments to the period a person is qualified for a pensioner
26
concession card under section 1061ZD, as made by this Part, apply in
27
relation to the person.
28
(3)
Subsections 1061ZD(3A) and (3B) of the
Social Security Act 1991
, as
29
inserted by this Part, and the amendment of paragraph 1061ZD(6)(b) of
30
that Act made by this Part, apply in relation to a cessation of
31
qualification for, or payability of, a partner's disability support pension
32
as referred to in paragraph 1061ZD(3A)(a) that occurs:
33
Schedule 2
Extended qualification for pensioner concession cards
Part 2
Former recipients of disability support pensions
28
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
(a) on or after the commencement day (whether the pension first
1
became payable before, on or after the commencement day);
2
or
3
(b) during the period of 12 weeks ending immediately before the
4
commencement day.
5
(4)
In this item:
6
commencement day
means the day this Part commences.
7
Extended qualification for pensioner concession cards
Schedule 2
Former recipients of veterans' entitlements and certain partners
Part 3
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
29
Part 3--Former recipients of veterans' entitlements
1
and certain partners
2
Veterans' Entitlements Act 1986
3
18 Before subsection 53A(1)
4
Insert:
5
General rule
6
19 Before subsection 53A(1A)
7
Insert:
8
Certain persons eligible before 1 January 2017
9
20 Before subsection 53A(2)
10
Insert:
11
Certain recipients of invalidity service pension who cease to be
12
permanently incapacitated for work
13
21 At the end of section 53A
14
Add:
15
Former recipients with employment income
16
(3) If:
17
(a) a person is receiving service pension or income support
18
supplement; and
19
(b) the pension or supplement ceases to be payable to the person
20
because the rate of the person's pension or supplement is nil;
21
and
22
(c) the rate of the person's pension or supplement is nil because
23
of the occurrence of an event or change of circumstances that
24
results in the person's income reduced rate (see
25
subsection (4)) being nil; and
26
Schedule 2
Extended qualification for pensioner concession cards
Part 3
Former recipients of veterans' entitlements and certain partners
30
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
(d) but for the person's income reduced rate being nil, the person
1
would have continued to be eligible for fringe benefits
2
because the person would have continued to receive the
3
pension or supplement; and
4
(e) at the time of the cessation, the ordinary income of the person
5
(as used to work out the person's income reduced rate)
6
includes income for remunerative work performed by the
7
person in Australia as an employee in an employer/employee
8
relationship;
9
the person remains eligible for fringe benefits for the period of 2
10
years beginning on the day the pension or supplement ceased to be
11
payable to the person.
12
(4) For the purposes of subsection (3), a person's
income reduced
13
rate
, in relation to a service pension or income support supplement,
14
is the rate worked out in relation to that pension or supplement at
15
step 6 of method statement 1 or step 6 of method statement 5, as
16
the case may be, in Module A of the Rate Calculator.
17
Partners of certain former recipients with employment
18
(5) If:
19
(a) because of the occurrence of an event or change of
20
circumstances, a person is:
21
(i) eligible for fringe benefits under subsection (3) because
22
the person's pension or supplement ceases to be payable
23
to the person; or
24
(ii) qualified for a pensioner concession card under
25
section 1061ZCA of the Social Security Act because
26
subsection (2) of that section applies to the person as a
27
result of age pension ceasing to be payable to the
28
person; or
29
(iii) qualified for a pensioner concession card under
30
section 1061ZD of the Social Security Act because
31
subsection (2) of that section applies to the person as a
32
result of the person ceasing to be qualified for disability
33
support pension; or
34
(iv) qualified for a pensioner concession card under
35
section 1061ZD of the Social Security Act because
36
subsection (3) of that section applies to the person as a
37
Extended qualification for pensioner concession cards
Schedule 2
Former recipients of veterans' entitlements and certain partners
Part 3
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
31
result of disability support pension ceasing to be
1
payable to the person; and
2
(b) immediately before the event or change of circumstances, the
3
person's partner was receiving service pension or income
4
support supplement; and
5
(c) the partner's pension or supplement ceases to be payable to
6
the partner because the rate of the partner's pension or
7
supplement is nil; and
8
(d) the partner's cessation of payability occurs because of the
9
occurrence of the same event or change of circumstances that
10
resulted in the person's cessation of payability or
11
qualification;
12
the partner remains eligible for fringe benefits for the period of 2
13
years beginning on the day the pension or supplement ceased to be
14
payable to the partner.
15
(6) To avoid doubt, subsection (5) applies to the partner even if the
16
partner ceases to be a member of the couple after that event or
17
change of circumstances.
18
22 At the end of subsection 56(1)
19
Add:
20
Note:
If a person ceases to receive a service pension or income support
21
supplement, the person's eligibility for benefits under Division 12 will
22
generally cease.
23
23 At the end of subsection 56A(1)
24
Add:
25
Note:
If a person ceases to receive a service pension or income support
26
supplement, the person's eligibility for benefits under Division 12 will
27
generally cease.
28
24 Subsection 56E(1) (note 4)
29
Omit "also cancelled", substitute "generally cancelled too (but see also
30
sections 56ED and 56EE)".
31
25 Subsection 56EA(2) (note 3)
32
Omit "also cancelled", substitute "generally cancelled too (but see also
33
sections 56ED and 56EE)".
34
Schedule 2
Extended qualification for pensioner concession cards
Part 3
Former recipients of veterans' entitlements and certain partners
32
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
26 Application provisions
1
(1)
Subsections 53A(3) and (4) of the
Veterans' Entitlements Act 1986
, as
2
added by this Part, apply in relation to:
3
(a) service pension or income support supplement ceasing to be
4
payable on or after the commencement of this Part (whether
5
the pension or supplement first became payable before, on or
6
after that commencement); and
7
(b) service pension or income support supplement ceasing to be
8
payable during the period of 12 weeks ending immediately
9
before the commencement of this Part.
10
(2)
Subsections 53A(5) and (6) of the
Veterans' Entitlements Act 1986
, as
11
added by this Part, apply in relation to a cessation of payability of, or
12
qualification for, a pension or supplement as referred to in
13
paragraph 53A(5)(a) that occurs:
14
(a) on or after the commencement of this Part (whether the
15
pension or supplement first became payable before, on or
16
after that commencement); or
17
(b) during the period of 12 weeks ending immediately before the
18
commencement of this Part.
19
Extended qualification for pensioner concession cards
Schedule 2
Certain partners of former recipients of veterans' entitlements
Part 4
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
33
Part 4--Certain partners of former recipients of
1
veterans' entitlements
2
Social Security Act 1991
3
27 After section 1061ZDA
4
Insert:
5
1061ZDB Extended qualification rule: partner of former recipient of
6
veterans' entitlement
7
Qualification
8
(1) Subject to subsections (6) and (7), a person is qualified for a
9
pensioner concession card for the period of 2 years starting on the
10
day on which this section begins to apply to the person.
11
Partner of former recipient of veterans' entitlement with
12
employment income
13
(2) Subject to subsection (4), this section applies to a person who is a
14
member of a couple if:
15
(a) the person's partner is eligible for fringe benefits under
16
subsection 53A(3) of the Veterans' Entitlements Act because
17
of the occurrence of an event or change of circumstances that
18
results in the partner's service pension or income support
19
supplement ceasing to be payable to the partner; and
20
(b) immediately before the event or change of circumstances, the
21
person was receiving an age pension, disability support
22
pension or carer payment; and
23
(c) the person's pension or payment ceases to be payable to the
24
person because the rate of the person's pension or payment is
25
nil; and
26
(d) the person's cessation of payability occurs because of the
27
occurrence of the same event or change of circumstances that
28
resulted in the partner's cessation of payability.
29
Schedule 2
Extended qualification for pensioner concession cards
Part 4
Certain partners of former recipients of veterans' entitlements
34
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
(3) To avoid doubt, if the person ceases to be a member of the couple
1
after that event or change of circumstances, the person's
2
qualification for a pensioner concession card because of
3
subsection (2) is not affected.
4
Residency requirement
5
(4) This section only applies to a person while the person is residing in
6
Australia.
7
Note:
If the person is temporarily absent from Australia, the person
8
continues to be qualified for a pensioner concession card for a
9
maximum period of up to 6 weeks (see Division 4).
10
(5) However, this section applies to a person in relation to a day if:
11
(a) the person is in Australia on that day but not residing in
12
Australia; and
13
(b) the pension or payment that the person had been receiving
14
was received solely because of the operation of the scheduled
15
international social security agreement between Australia and
16
New Zealand.
17
No double qualification--person receiving certain other social
18
security payments
19
(6) If, during the period of 2 years referred to in subsection (1), a
20
person receives an instalment of a social security pension that
21
relates to one or more days within that period, the person is not
22
qualified under this section for a pensioner concession card on the
23
day or days in relation to which the person receives the instalment.
24
(7) If, during the period of 2 years referred to in subsection (1), a
25
person receives an instalment of:
26
(a) a youth allowance while subsection 1061ZA(2A) applies to
27
the person; or
28
(b) a jobseeker payment while subsection 1061ZA(2B) applies to
29
the person; or
30
(c) a benefit PP (partnered) while subsection 1061ZA(2D)
31
applies to the person;
32
that relates to one or more days within that period, the person is not
33
qualified under this section for a pensioner concession card on the
34
day or days in relation to which the person receives the instalment.
35
Extended qualification for pensioner concession cards
Schedule 2
Certain partners of former recipients of veterans' entitlements
Part 4
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
35
28 Subsection 1061ZEA(1)
1
After "1061ZDA", insert ", 1061ZDB".
2
29 Subparagraph 1061ZUC(1)(a)(i)
3
After "1061ZDA,", insert "1061ZDB,".
4
30 Application provision
5
Section 1061ZDB of the
Social Security Act 1991
, as inserted by this
6
Part, applies in relation to service pension or income support
7
supplement ceasing to be payable to a person's partner as referred to in
8
paragraph 1061ZDB(2)(a):
9
(a) on or after the commencement of this Part (whether the
10
pension or supplement first became payable before, on or
11
after that commencement); and
12
(b) during the period of 12 weeks ending immediately before the
13
commencement of this Part.
14
Schedule 3
Pensioner work bonus temporary increase
36
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
Schedule 3--Pensioner work bonus
1
temporary increase
2
3
Social Security Act 1991
4
1 At the end of Division 1AAA of Part 3.10 of Chapter 3
5
Add:
6
1073AC Temporary increase to unused concession balances
7
Temporary increase period
8
(1) This section applies in relation to an instalment period that includes
9
a day during the temporary increase period.
10
(2) For the purposes of this section, the
temporary increase period
is
11
the period beginning on the day this section commences and
12
ending on 30 June 2023.
13
Increase of $4,000 to existing unused concession balance
14
(3) If, immediately before the start of the temporary increase period, a
15
person has an unused concession balance (including a balance of
16
nil or a retained balance under subsection 1073AB(3)), the
17
person's unused concession balance is increased by $4,000 on the
18
first day of the temporary increase period.
19
Initial unused concession balance of $4,000
20
(4) If, during the temporary increase period, a person would have an
21
unused concession balance of nil on a day because of the operation
22
of subsection 1073AB(1) then, despite that subsection, the person
23
has an unused concession balance on that day of $4,000.
24
(5) Subsection (4) cannot apply in relation to a person more than once,
25
or if subsection (3) has already applied in relation to the person.
26
Pensioner work bonus temporary increase
Schedule 3
No. , 2022
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
37
Increase to maximum unused concession balance
1
(6) For the purposes of applying subsection 1073AB(2) in relation to
2
an instalment period that includes a day during the temporary
3
increase period, the subsection applies as if the reference to $7,800
4
were a reference to $11,800.
5
Note:
During the temporary increase period, disregard the example at the
6
end of subsection 1073AB(2).
7
Unused concession balance after temporary increase period ends
8
(7) If, at the end of a person's instalment period that includes the last
9
day of the temporary increase period, the person has an unused
10
concession balance of more than $7,800, the balance is taken to be
11
$7,800 immediately after the end of that instalment period.
12
(8) If, at the end of the temporary increase period, a person has an
13
unused concession balance retained under subsection 1073AB(3)
14
of more than $7,800, the retained balance is taken to be $7,800
15
immediately after the end of the temporary increase period.
16
Veterans' Entitlements Act 1986
17
2 After section 46AC
18
Insert:
19
46ACA Temporary increase to unused concession balances
20
Temporary increase period
21
(1) This section applies in relation to a pension period that includes a
22
day during the temporary increase period.
23
(2) For the purposes of this section, the
temporary increase period
is
24
the period beginning on the day this section commences and
25
ending on 30 June 2023.
26
Increase of $4,000 to existing unused concession balance
27
(3) If, immediately before the start of the temporary increase period, a
28
person has an unused concession balance (including a balance of
29
Schedule 3
Pensioner work bonus temporary increase
38
Social Services and Other Legislation Amendment (Workforce
Incentive) Bill 2022
No. , 2022
nil or a retained balance under subsection 46AC(3)), the person's
1
unused concession balance is increased by $4,000 on the first day
2
of the temporary increase period.
3
Initial unused concession balance of $4,000
4
(4) If, during the temporary increase period, a person would have an
5
unused concession balance of nil on a day because of the operation
6
of subsection 46AC(1) then, despite that subsection, the person has
7
an unused concession balance on that day of $4,000.
8
(5) Subsection (4) cannot apply in relation to a person more than once,
9
or if subsection (3) has already applied in relation to the person.
10
Increase to maximum unused concession balance
11
(6) For the purposes of applying subsection 46AC(2) in relation to a
12
pension period that includes a day during the temporary increase
13
period, the subsection applies as if the reference to $7,800 were a
14
reference to $11,800.
15
Note:
During the temporary increase period, disregard the example at the
16
end of subsection 46AC(2).
17
Unused concession balance after temporary increase period ends
18
(7) If, at the end of a person's pension period that includes the last day
19
of the temporary increase period, the person has an unused
20
concession balance of more than $7,800, the balance is taken to be
21
$7,800 immediately after the end of that pension period.
22
(8) If, at the end of the temporary increase period, a person has an
23
unused concession balance retained under subsection 46AC(3) of
24
more than $7,800, the retained balance is taken to be $7,800
25
immediately after the end of the temporary increase period.
26