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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 BONUS) 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 Bonus)
Bill 2012
No. , 2012
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the law relating to social
security, farm household support and taxation, and
for related purposes
i Social Security and Other Legislation Amendment (Income Support Bonus) Bill 2012 No.
, 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
6
Part 2--Consequential amendments
8
Farm Household Support Act 1992
8
Income Tax Assessment Act 1997
8
Social Security Act 1991
10
Social Security (Administration) Act 1999
10
Social Security and Other Legislation Amendment (Income Support Bonus) Bill 2012 No. ,
2012 1
A Bill for an Act to amend the law relating to social
1
security, farm household support and taxation, and
2
for related 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 Bonus) Act 2012.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
2 Social Security and Other Legislation Amendment (Income Support Bonus) Bill 2012
No. , 2012
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Main amendments Part 1
Social Security and Other Legislation Amendment (Income Support Bonus) Bill 2012 No. ,
2012 3
Schedule 1
--
Amendments
1
Part 1
--
Main amendments
2
Social Security Act 1991
3
1 Subsection 23(1)
4
Insert:
5
income support bonus means income support bonus under
6
section 919.
7
2 Subsection 23(1)
8
Insert:
9
income support bonus test day has the meaning given by
10
section 919.
11
3 After paragraph 23(4AA)(ab)
12
Insert:
13
(ac)
paragraph
919(1)(a);
14
4 After Part 2.18A
15
Insert:
16
Part 2.18B--Income support bonus
17
18
919 Qualification for an income support bonus
19
Qualification--social security payments
20
(1) A person is qualified for an income support bonus on an income
21
support bonus test day if:
22
(a) the person is receiving one of the following payments in
23
respect of that day:
24
(i)
newstart
allowance;
25
(ii)
youth
allowance;
26
(iii)
parenting
payment;
27
Schedule 1 Amendments
Part 1 Main amendments
4 Social Security and Other Legislation Amendment (Income Support Bonus) Bill 2012
No. , 2012
(iv)
sickness
allowance;
1
(v)
austudy
payment;
2
(vi) special benefit; and
3
(b) if the person is receiving parenting payment, austudy
4
payment or special benefit in respect of that day--the person
5
is under pension age on that day.
6
Note: For
pension age see section 23.
7
Qualification--ABSTUDY payment and farm payments
8
(2) A person is qualified for an income support bonus on an income
9
support bonus test day if:
10
(a) one of the following payments is payable to the person in
11
respect of a period that includes that day:
12
(i) a payment under the ABSTUDY Scheme that includes
13
an amount identified as living allowance;
14
(ii) exceptional circumstances relief payment under the
15
Farm Household Support Act 1992;
16
(iii) transitional farm family payment under the program
17
administered by the Commonwealth known as the
18
Transitional Farm Family Payment program; and
19
(b) if a payment under the ABSTUDY Scheme that includes an
20
amount identified as living allowance is payable to the person
21
in respect of a period that includes that day--the person is
22
under pension age on that day.
23
Note: For
pension age see section 23.
24
One income support bonus only in respect of an income support
25
bonus test day
26
(3) A person cannot receive more than one income support bonus
27
under this section in respect of an income support bonus test day,
28
regardless of how many times the person qualifies under this
29
section on that day.
30
Definition
31
(4) In this Act:
32
income support bonus test day means:
33
(a) 20 March 2013; and
34
Amendments Schedule 1
Main amendments Part 1
Social Security and Other Legislation Amendment (Income Support Bonus) Bill 2012 No. ,
2012 5
(b) 20 September 2013; and
1
(c) each later 20 March; and
2
(d) each later 20 September.
3
920 Amount of income support bonus
4
The amount of a person's income support bonus under section 919
5
is the amount, specified in column 2 of an item in the following
6
table, that corresponds to the person's family situation, specified in
7
column 1 of that item, on the income support bonus test day:
8
9
Amount of income support bonus
Item Column
1
Person's family situation
Column 2
Amount
1
Not a member of a couple
$105
2
Member of a couple, not
covered by item 3, 4 or 5
$87.50
3
Member of illness separated
couple
$105
4
Member of respite care couple
$105
5
Partnered (partner in gaol)
$105
Note 1:
For member of a couple, illness separated couple, respite care couple
10
and partnered (partner in gaol) see section 4.
11
Note 2:
The amounts specified are indexed twice a year in line with CPI
12
increases (see sections 1190 to 1194).
13
921 Non-receipt of social security payment
14
(1) This section applies for the purposes of a provision of this or
15
another Act if:
16
(a) the provision provides a benefit (whether the benefit is a
17
pension, benefit, payment, supplement or any other sort of
18
benefit) if a person meets specified criteria; and
19
(b) one of the specified criteria is that the person is receiving a
20
social security payment, or is a recipient of a social security
21
payment.
22
(2) For the purposes of the provision, a person is not taken to be
23
receiving a social security payment, or to be a recipient of a social
24
Schedule 1 Amendments
Part 1 Main amendments
6 Social Security and Other Legislation Amendment (Income Support Bonus) Bill 2012
No. , 2012
security payment, merely because the person receives an income
1
support bonus.
2
5 Section 1190 (at the end of the table)
3
Add:
4
5
Income support
bonus
71. income
support
bonus
income support
bonus
section 920--table--items 1,
2, 3, 4 and 5
6 Subsection 1191(1) (at the end of the table)
6
Add:
7
8
Income
support
bonus
43. income
support
bonus
(a) 20 March
(b) 20 September
(a) December
(b) June
highest June
or December
quarter
before
reference
quarter (but
not earlier
than
December
quarter
2012)
$0.10
7 At the end of section 1192
9
Add:
10
(10) The first indexation of amounts under item 43 of the CPI
11
Indexation Table in subsection 1191(1) is to take place on
12
20 September 2013.
13
Social Security (Administration) Act 1999
14
8 After section 12K
15
Insert:
16
Amendments Schedule 1
Main amendments Part 1
Social Security and Other Legislation Amendment (Income Support Bonus) Bill 2012 No. ,
2012 7
12L Income support bonus
1
A claim is not required for an income support bonus.
2
9 Subsection 47(1) (at the end of the definition of lump sum
3
benefit)
4
Add:
5
; or (m) income support bonus.
6
10 After section 47DAA
7
Insert:
8
47DAB Payment of income support bonus
9
If a person is qualified for an income support bonus on an income
10
support bonus test day, the Secretary must pay the bonus to the
11
person in a single lump sum:
12
(a) on the day that the Secretary considers to be the earliest day
13
on which it is reasonably practicable for the bonus to be paid;
14
and
15
(b) in such manner as the Secretary considers appropriate.
16
17
Schedule 1 Amendments
Part 2 Consequential amendments
8 Social Security and Other Legislation Amendment (Income Support Bonus) Bill 2012
No. , 2012
Part 2
--
Consequential amendments
1
Farm Household Support Act 1992
2
11 After subsection 24A(8)
3
Insert:
4
Income support bonus disregarded
5
(8A) To avoid doubt, in calculating a rate referred to in subsection (1),
6
any income support bonus under the Social Security Act 1991 is to
7
be disregarded.
8
12 After subsection 24AA(10)
9
Insert:
10
Income support bonus disregarded
11
(10A) To avoid doubt, in calculating a rate referred to in subsection (1),
12
any income support bonus under the Social Security Act 1991 is to
13
be disregarded.
14
13 At the end of section 24B
15
Add:
16
(6) To avoid doubt, in calculating a rate referred to in this section, any
17
income support bonus under the Social Security Act 1991 is to be
18
disregarded.
19
Income Tax Assessment Act 1997
20
14 Section 11-15 (table item headed "social security or like
21
payments")
22
After:
23
Household Stimulus Package Act (No. 2) 2009,
payments under the scheme determined under
Schedule 4 to the ............................................................
52-165
insert:
24
income support bonus under the Social Security Act
1991 ................................................................................
52-10
Amendments Schedule 1
Consequential amendments Part 2
Social Security and Other Legislation Amendment (Income Support Bonus) Bill 2012 No. ,
2012 9
income support bonus under the scheme prepared under
Part VII of the Veterans' Entitlements Act 1986 ...........
52-65
income support bonus under the scheme determined
under section 258 of the Military Rehabilitation and
Compensation Act 2004 .................................................
52-114
15 At the end of subsection 52-10(1) (before the note)
1
Add:
2
; or (zc) income support bonus under the Social Security Act 1991.
3
16 Before subsection 52-10(2)
4
Insert:
5
(1M) Income support bonus under the Social Security Act 1991 is
6
exempt from income tax.
7
17 After paragraph 52-65(1)(b)
8
Insert:
9
(c) payments of income support bonus under the scheme
10
prepared under Part VII (about educating veterans' children)
11
of the Veterans' Entitlements Act 1986; or
12
18 Before subsection 52-65(2)
13
Insert:
14
(1K) Payments of income support bonus under the scheme prepared
15
under Part VII (about educating veterans' children) of the
16
Veterans' Entitlements Act 1986 are exempt from income tax.
17
19 Section 52-75 (after table item 5C)
18
Insert:
19
5D
Income support bonus under
Veterans' Children Education
Scheme
Part VII
Not applicable
20 Section 52-114 (before table item 17)
20
Insert:
21
16A Income
support
bonus
under the education
scheme for certain
Exempt Not
applicable
Schedule 1 Amendments
Part 2 Consequential amendments
10 Social Security and Other Legislation Amendment (Income Support Bonus) Bill 2012
No. , 2012
eligible young persons
(section 258)
Social Security Act 1991
1
21 Paragraph 1231(1AA)(b)
2
Omit "or farmers hardship bonus", substitute ", farmers hardship bonus
3
or income support bonus".
4
Social Security (Administration) Act 1999
5
22 Section 123TC (after paragraph (e) of the definition of
6
category I welfare payment)
7
Insert:
8
(f) income support bonus; or
9
23 Section 123TC (after paragraph (a) of the definition of
10
category Q welfare payment)
11
Insert:
12
(aa) income support bonus; or
13

 

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