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


SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (INCOME SUPPORT AND OTHER MEASURES) BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security and Other Legislation
Amendment (Income Support and Other
Measures) Bill 2012
No. , 2012
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the law relating to social
security and Indigenous education, and for related
purposes
i Social Security and Other Legislation Amendment (Income Support and Other Measures)
Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Age requirements for social security payments
3
Social Security Act 1991
3
Schedule 2--Income test for youth allowance
8
Social Security Act 1991
8
Schedule 3--Income test for newstart allowance
9
Social Security Act 1991
9
Schedule 4--Claims for newstart allowance
10
Social Security (Administration) Act 1999
10
Schedule 5--Working credit balances
11
Social Security Act 1991
11
Schedule 6--Parenting payment transitional arrangement
13
Social Security Act 1991
13
Schedule 7--Penalty for reconnection failures
14
Social Security (Administration) Act 1999
14
Schedule 8--Other amendments
15
Indigenous Education (Targeted Assistance) Act 2000
15
Social Security Act 1991
15
Social Security and Other Legislation Amendment (Income Support and Other Measures) Bill
2012 No. , 2012 1
A Bill for an Act to amend the law relating to social
1
security and Indigenous education, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Security and Other Legislation
6
Amendment (Income Support and Other Measures) Act 2012.
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
13
2 Social Security and Other Legislation Amendment (Income Support and Other Measures)
Bill 2012 No. , 2012
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
and 2
1 July 2012.
1 July 2012
3. Schedule 3
1 January 2013.
1 January 2013
4. Schedule 4
The day this Act receives the Royal Assent.
5. Schedule 5
1 July 2012.
1 July 2012
6. Schedule 6
The day this Act receives the Royal Assent.
7. Schedule 7
1 July 2012.
1 July 2012
8. Schedule 8
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Age requirements for social security payments Schedule 1
Social Security and Other Legislation Amendment (Income Support and Other Measures) Bill
2012 No. , 2012 3
Schedule 1--Age requirements for social
1
security payments
2
3
Social Security Act 1991
4
1 Paragraphs 19C(8)(b) and (c)
5
Omit "21", substitute "22".
6
2 Subsection 23(1) (paragraph (a) of the definition of early
7
school leaver)
8
Omit "21", substitute "22".
9
3 Subsection 543B(1)
10
Omit "21" (wherever occurring), substitute "22".
11
4 Subparagraph 593(1)(g)(i)
12
Omit "subject to subsection (2B), is at least 21", substitute "is at least
13
22".
14
5 Subparagraphs 593(1B)(b)(i) and (1D)(b)(i)
15
Omit "21", substitute "22".
16
6 Paragraph 666(1)(e)
17
Omit "21", substitute "22".
18
7 Section 1067F
19
Omit "21" (wherever occurring), substitute "22".
20
8 Paragraph 1067G-D1(b)
21
Omit "21", substitute "22".
22
9 Paragraphs 1067G-H26(a) and (b)
23
Omit "21", substitute "22".
24
10 Paragraphs 1067L-D25(a) and (b)
25
Omit "21", substitute "22".
26
Schedule 1 Age requirements for social security payments
4 Social Security and Other Legislation Amendment (Income Support and Other Measures)
Bill 2012 No. , 2012
11 Paragraphs 1068-G9(a) and (b)
1
Omit "21", substitute "22".
2
12 Paragraphs 1068B-D22(a) and (b)
3
Omit "21", substitute "22".
4
13 Section 1190 (table item 4A, column 2)
5
Omit ", or to a recipient of youth allowance, who is under 21",
6
substitute "who is under 21 or to a recipient of youth allowance who is
7
under 22".
8
14 Application--persons in severe financial hardship
9
The amendment made by item 1 applies in relation to working out if a
10
person is in severe financial hardship for days on or after 1 July 2012.
11
15 Application--youth allowance
12
(1)
Subject to subitems (2) and (3), the amendments made by items 2 and 3
13
apply for the purposes of working out a person's qualification for a
14
youth allowance in respect of days occurring on or after 1 July 2012.
15
(2) If:
16
(a) a person was aged 21 on 30 June 2012; and
17
(b) the person was receiving a newstart allowance immediately
18
before 1 July 2012 or the person's payment of a newstart
19
allowance was suspended immediately before 1 July 2012;
20
the amendments made by items 2 and 3 do not apply in relation to the
21
person during the period:
22
(c) beginning on 1 July 2012; and
23
(d) ending on the day on which the payment of the newstart
24
allowance to the person is cancelled.
25
(3) If:
26
(a) before 1 July 2012, the Secretary granted a person's claim for
27
a newstart allowance under the Social Security
28
(Administration) Act 1999; and
29
(b) the person's start day in relation to that allowance, worked
30
out under clause 5 of Schedule 2 to that Act, is on or after
31
1 July 2012;
32
Age requirements for social security payments Schedule 1
Social Security and Other Legislation Amendment (Income Support and Other Measures) Bill
2012 No. , 2012 5
the amendments made by items 2 and 3 do not apply in relation to the
1
person during the period:
2
(c) beginning on 1 July 2012; and
3
(d) ending on the day on which the payment of the newstart
4
allowance to the person is cancelled.
5
(4)
Subject to subitem (5), the amendment made by item 7 applies in
6
relation to working out the rate of youth allowance for days on or after
7
1 July 2012.
8
(5)
The amendment made by item 7 does not apply in relation to a person:
9
(a) who was aged 21 on 30 June 2012; and
10
(b) who was receiving a youth allowance immediately before
11
1 July 2012 or whose payment of a youth allowance was
12
suspended immediately before 1 July 2012.
13
(6)
The amendment made by item 8 applies in relation to working out the
14
rate of youth allowance for days on or after 1 July 2012.
15
16 Application--newstart allowance
16
(1)
Subject to this item, the amendments made by items 4 and 5 apply for
17
the purposes of working out a person's qualification for a newstart
18
allowance in respect of days occurring on or after 1 July 2012.
19
(2) If:
20
(a) a person was aged 21 on 30 June 2012; and
21
(b) the person was receiving a newstart allowance immediately
22
before 1 July 2012 or the person's payment of a newstart
23
allowance was suspended immediately before 1 July 2012;
24
the amendments made by items 4 and 5 do not apply in relation to the
25
person during the period:
26
(c) beginning on 1 July 2012; and
27
(d) ending on the day on which the payment of the newstart
28
allowance to the person is cancelled.
29
(3) If:
30
(a) before 1 July 2012, a person aged 21 made a claim for a
31
newstart allowance under the Social Security
32
(Administration) Act 1999; and
33
Schedule 1 Age requirements for social security payments
6 Social Security and Other Legislation Amendment (Income Support and Other Measures)
Bill 2012 No. , 2012
(b) the claim had not been determined by the Secretary
1
immediately before 1 July 2012;
2
the amendments made by items 4 and 5 do not apply in relation to:
3
(c) the claim; and
4
(d) if the claim is granted--the payment of that allowance as a
5
result of that claim.
6
(4) If:
7
(a) before 1 July 2012, a person aged 21 made a claim for a
8
newstart allowance under the Social Security
9
(Administration) Act 1999 (disregarding subclause 4(6) of
10
Schedule 2 to that Act); and
11
(b) on 1 July 2012, the person is serving a liquid assets test
12
waiting period in relation to the claim;
13
the amendments made by items 4 and 5 do not apply in relation to:
14
(c) the claim; and
15
(d) if the claim is granted--the payment of that allowance as a
16
result of that claim.
17
(5) If:
18
(a) before 1 July 2012, the Secretary granted a person's claim for
19
a newstart allowance under the Social Security
20
(Administration) Act 1999; and
21
(b) on 1 July 2012, an income maintenance period applies to the
22
person;
23
the amendments made by items 4 and 5 do not apply in relation to the
24
person during the period:
25
(c) beginning on 1 July 2012; and
26
(d) ending on the day on which the payment of the newstart
27
allowance to the person is cancelled.
28
(6) If:
29
(a) before 1 July 2012, the Secretary granted a person's claim for
30
a newstart allowance under the Social Security
31
(Administration) Act 1999; and
32
(b) the person's start day in relation to that allowance, worked
33
out under clause 5 of Schedule 2 to that Act, is on or after
34
1 July 2012;
35
Age requirements for social security payments Schedule 1
Social Security and Other Legislation Amendment (Income Support and Other Measures) Bill
2012 No. , 2012 7
the amendments made by items 4 and 5 do not apply in relation to the
1
person during the period:
2
(c) beginning on 1 July 2012; and
3
(d) ending on the day on which the payment of the newstart
4
allowance to the person is cancelled.
5
17 Application--sickness allowance
6
(1)
Subject to subitem (2), the amendment made by item 6 applies for the
7
purposes of working out a person's qualification for sickness allowance
8
in respect of days occurring on or after 1 July 2012.
9
(2)
The amendment made by item 6 does not apply in relation to a person:
10
(a) who was aged 21 on 30 June 2012; and
11
(b) who was receiving sickness allowance immediately before
12
1 July 2012 or whose payment of sickness allowance was
13
suspended immediately before 1 July 2012.
14
18 Application--general rates
15
The amendments made by items 9 to 12 apply in relation to working out
16
the rates of social security payments for days on or after 1 July 2012.
17
18
Schedule 2 Income test for youth allowance
8 Social Security and Other Legislation Amendment (Income Support and Other Measures)
Bill 2012 No. , 2012
Schedule 2--Income test for youth allowance
1
2
Social Security Act 1991
3
1 Paragraph 1067G-H29(b)
4
Omit "$62", substitute "$143".
5
2 Paragraphs 1067G-H32(c) and 1067G-H33(c)
6
Omit "$188", substitute "$107".
7
3 Application
8
The amendments made by items 1 and 2 apply in relation to working
9
out the rate of youth allowance for days on or after 1 July 2012.
10
11
Income test for newstart allowance Schedule 3
Social Security and Other Legislation Amendment (Income Support and Other Measures) Bill
2012 No. , 2012 9
Schedule 3--Income test for newstart
1
allowance
2
3
Social Security Act 1991
4
1 Point 1068-G1 (method statement, step 10)
5
Omit "and 1068-G16", substitute ", 1068-G16 and 1068-G17".
6
2 Point 1068-G14 (heading)
7
Repeal the heading, substitute:
8
Ordinary income reduction--general
9
3 Point 1068-G14
10
Omit "If", substitute "Subject to point 1068-G17, if".
11
4 Section 1068 (at the end of Module G of the Benefit Rate
12
Calculator B)
13
Add:
14
Ordinary income reduction for certain recipients of newstart
15
allowance
16
1068-G17 If:
17
(a) a person has an ordinary income excess; and
18
(b) the person is receiving newstart allowance; and
19
(c) the person is not a member of a couple; and
20
(d) the person is the principal carer of a child;
21
the person's ordinary income reduction is an amount equal to 40%
22
of the person's ordinary income excess.
23
5 Application
24
The amendments made by this Schedule apply in relation to working
25
out the rate of newstart allowance for days on or after 1 January 2013.
26
27
Schedule 4 Claims for newstart allowance
10 Social Security and Other Legislation Amendment (Income Support and Other
Measures) Bill 2012 No. , 2012
Schedule 4--Claims for newstart allowance
1
2
Social Security (Administration) Act 1999
3
1 Paragraph 4(2)(a) of Schedule 2
4
Omit "newstart allowance or".
5
2 Subclause 4(5) of Schedule 2
6
Repeal the subclause.
7
3 Application
8
The amendments made by items 1 and 2 apply in relation to claims
9
referred to in paragraph 4(1)(a) of Schedule 2 to the Social Security
10
(Administration) Act 1999 that are made on or after the commencement
11
of those items.
12
13
Working credit balances Schedule 5
Social Security and Other Legislation Amendment (Income Support and Other Measures) Bill
2012 No. , 2012 11
Schedule 5--Working credit balances
1
2
Social Security Act 1991
3
1 Subsections 1073E(2), (4), (5) and (5A)
4
Omit "$1,000", substitute "the threshold amount (see subsection (7))".
5
2 Paragraph 1073E(6)(b)
6
After "participant", insert "on a day (the participation day)".
7
3 Subsection 1073E(6)
8
Omit "$1,000", substitute "the threshold amount (see subsection (7))".
9
4 Subsection 1073E(6)
10
Omit "day on which the person becomes a working credit participant",
11
substitute "participation day".
12
5 At the end of section 1073E
13
Add:
14
Threshold amount
15
(7) In this section:
16
threshold amount means:
17
(a) if, on the participation day, the person is receiving youth
18
allowance, the person is not undertaking full-time study and
19
the person is not a new apprentice--$3,500; or
20
(b) in any other case--$1,000.
21
6 Section 1073F (method statement, step 4)
22
Repeal the step, substitute:
23
Step 4. If the participant's rate of total ordinary income on a
24
fortnightly basis for the day is less than $48, there is an
25
accrual to the participant's working credit balance for the
26
day of an amount equal to one fourteenth of the amount
27
Schedule 5 Working credit balances
12 Social Security and Other Legislation Amendment (Income Support and Other
Measures) Bill 2012 No. , 2012
by which $48 exceeds that rate. The maximum working
1
credit balance is:
2
(a)
if the participant became a working credit
3
participant on a day under subsection 1073E(2),
4
(3), (4), (5), (5A) or (6) and on that day the
5
participant was receiving youth allowance, the
6
participant was not undertaking full-time study and
7
the participant was not a new apprentice--$3,500;
8
or
9
(b)
in any other case--$1,000.
10
7 Application
11
The amendments made by this Schedule apply in relation to persons
12
who become working credit participants, as mentioned in section 1073E
13
of the Social Security Act 1991, on days on or after 1 July 2012.
14
15
Parenting payment transitional arrangement Schedule 6
Social Security and Other Legislation Amendment (Income Support and Other Measures) Bill
2012 No. , 2012 13
Schedule 6--Parenting payment transitional
1
arrangement
2
3
Social Security Act 1991
4
1 At the end of section 500F
5
Add:
6
Circumstances in which person ceases to be covered by parenting
7
payment transitional arrangement
8
(5) If a person is covered by the parenting payment transitional
9
arrangement in relation to a child immediately before 1 January
10
2013, the person ceases to be covered by that arrangement:
11
(a) if the child is aged under 12 on 31 December 2012--when
12
the child turns 12; or
13
(b) if the child is aged 12 on 31 December 2012--when the child
14
turns 13; or
15
(c) if the child is aged 13 or more and under 16 on 31 December
16
2012--when the child turns 16.
17
(6) Subsection (5) does not limit the circumstances in which a person
18
may cease to be covered by the parenting payment transitional
19
arrangement in relation to a child.
20
21
Schedule 7 Penalty for reconnection failures
14 Social Security and Other Legislation Amendment (Income Support and Other
Measures) Bill 2012 No. , 2012
Schedule 7--Penalty for reconnection failures
1
2
Social Security (Administration) Act 1999
3
1 Subsection 42T(3)
4
Repeal the subsection, substitute:
5
(3) The method determined for a reconnection failure that a person
6
commits must not provide for a penalty amount in respect of a day
7
in the reconnection failure period that is more than the following:
8
Amount of the person's instalment
of participation payment for the
instalment period in which the day occurs
1.4
Number of days in the person's instalment period
×
9
2 Application
10
The amendment made by item 1 applies in relation to a determination
11
made under subsection 42H(1) of the Social Security (Administration)
12
Act 1999 on or after the commencement of that item, where the failure
13
referred to in paragraph 42H(1)(b) of that Act occurred on or after that
14
commencement.
15
16
Other amendments Schedule 8
Social Security and Other Legislation Amendment (Income Support and Other Measures) Bill
2012 No. , 2012 15
Schedule 8--Other amendments
1
2
Indigenous Education (Targeted Assistance) Act 2000
3
1 Subsection 14B(1) (table item 4)
4
Omit "$120,020,000", substitute "$120,701,000".
5
Social Security Act 1991
6
2 Point 1068-B1B
7
Omit "For the purposes of point 1068-B1A, the", substitute "The".
8

 


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