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This is a Bill, not an Act. For current law, see the Acts databases.
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 Supplement
Cessation) Bill 2014
No. , 2014
(Social Services)
A Bill for an Act to amend the law relating to social
security and veterans' entitlements, and for related
purposes
No. , 2014
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Energy supplement replacing seniors supplement
3
Part 1--Main amendments
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
5
Veterans' Entitlements Act 1986
7
Part 2--Consequential amendments
12
Income Tax Assessment Act 1997
12
Military Rehabilitation and Compensation Act 2004
12
Part 3--Transitional provisions
14
No. , 2014
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
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 may be cited as the Social Services and Other Legislation
6
Amendment (Seniors Supplement Cessation) Act 2014.
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 (Seniors Supplement
Cessation) Bill 2014
No. , 2014
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. Schedule 1
Immediately after the commencement of
Parts 1 to 6 of Schedule 1 to the Social
Services and Other Legislation Amendment
(2014 Budget Measures No. 6) Act 2014.
20 September
2014
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
Energy supplement replacing seniors supplement Schedule 1
Main amendments Part 1
No. , 2014
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
3
Schedule 1
--Energy supplement replacing
1
seniors supplement
2
Part 1
--Main amendments
3
Social Security Act 1991
4
1 Subparagraph 8(8)(y)(viib)
5
Omit "seniors supplement", substitute "energy supplement".
6
2 Subsection 23(1) (definition of seniors supplement)
7
Repeal the definition.
8
3 Paragraph 916D(3)(c)
9
Omit "seniors supplement", substitute "energy supplement".
10
4 Paragraph 1061R(d)
11
Omit "seniors supplement under this Act or the Veterans' Entitlements
12
Act", substitute "energy supplement under Part 2.25B of this Act or
13
Part VIIAD of the Veterans' Entitlements Act".
14
5 Paragraph 1061T(2)(b)
15
Omit "seniors supplement", substitute "energy supplement under
16
Part 2.25B".
17
6 Paragraph 1061TA(2)(b)
18
Omit "seniors supplement under the Veterans' Entitlements Act",
19
substitute "energy supplement under Part VIIAD of the Veterans'
20
Entitlements Act".
21
7 Part 2.25B
22
Repeal the Part, substitute:
23
Schedule 1 Energy supplement replacing seniors supplement
Part 1 Main amendments
4
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
No. , 2014
Part 2.25B--Energy supplement
1
Division 1--Qualification and payability
2
1061U Qualification for energy supplement
3
A person is qualified for energy supplement if the person is the
4
holder of a seniors health card.
5
1061UA When energy supplement is payable
6
(1) Energy supplement is payable to a person in relation to each day on
7
which the person is qualified for the supplement.
8
(2) However, energy supplement is not payable to the person in
9
relation to a day if:
10
(a) before that day:
11
(i) the person had elected not to be covered by this Part;
12
and
13
(ii) that election had not been withdrawn; or
14
(b) subsection 55(5) (failing to nominate a bank account) of the
15
Administration Act applies to the person.
16
Division 2--Rate of energy supplement
17
1061UB Rate of energy supplement
18
(1) If subsection (2) applies to the person on a day, the person's daily
19
rate of energy supplement, for that day, is
1
/
364
of the amount
20
worked out using the following table:
21
22
Energy supplement
Item
Person's family situation
Amount of energy
supplement
1
Not a member of a couple
$366.60
2
Partnered
$275.60
3
Member of an illness separated
couple
$366.60
Energy supplement replacing seniors supplement Schedule 1
Main amendments Part 1
No. , 2014
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
5
Energy supplement
Item
Person's family situation
Amount of energy
supplement
4
Member of a respite care couple
$366.60
5
Partnered (partner in gaol)
$366.60
(2) This subsection applies to a person on a day if on that day the
1
person is residing in Australia and either:
2
(a) is in Australia; or
3
(b) is temporarily absent from Australia and has been so for a
4
continuous period not exceeding 6 weeks.
5
8 Section 1190 (note 1)
6
Omit "the rate of seniors supplement (see section 1061UB) and".
7
9 Section 1190 (note 2)
8
Omit "Indexing the CEP rate will result in the indexation of the rate of
9
seniors supplement (see section 1061UB).".
10
Social Security (Administration) Act 1999
11
10 Section 12D (heading)
12
Repeal the heading, substitute:
13
12D Energy supplement
14
11 Section 12D
15
Omit "seniors supplement", substitute "energy supplement under
16
Part 2.25B of the 1991 Act".
17
12 Section 48B (heading)
18
Repeal the heading, substitute:
19
Schedule 1 Energy supplement replacing seniors supplement
Part 1 Main amendments
6
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
No. , 2014
48B Payment of energy supplement
1
13 Subsection 48B(1)
2
Omit "Seniors supplement", substitute "Energy supplement under
3
Part 2.25B of the 1991 Act".
4
14 Subsection 48B(2)
5
Omit "seniors supplement", substitute "energy supplement".
6
15 Paragraph 48B(3)(a)
7
Omit "seniors supplement", substitute "energy supplement".
8
16 Subsection 48B(4) (paragraph (a) of the definition of
9
instalment period)
10
Omit "seniors supplement", substitute "energy supplement".
11
17 Subsection 48B(4) (note to paragraph (a) of the definition
12
of instalment period)
13
Omit "seniors supplement", substitute "energy supplement".
14
18 Subparagraphs 66A(2)(a)(i) and (3)(a)(i)
15
Omit "seniors supplement", substitute "energy supplement under
16
Part 2.25B of the 1991 Act".
17
19 Subsection 68(1)
18
Omit "seniors supplement", substitute "energy supplement under
19
Part 2.25B of the 1991 Act".
20
20 Subsection 69(1)
21
Omit "seniors supplement", substitute "energy supplement under
22
Part 2.25B of the 1991 Act".
23
21 Paragraph 75(1)(b)
24
Omit "seniors supplement", substitute "energy supplement under
25
Part 2.25B of the 1991 Act".
26
Energy supplement replacing seniors supplement Schedule 1
Main amendments Part 1
No. , 2014
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
7
22 Section 78A
1
Omit "seniors supplement", substitute "energy supplement under
2
Part 2.25B of the 1991 Act".
3
23 Section 90A
4
Omit "seniors supplement", substitute "energy supplement under
5
Part 2.25B of the 1991 Act".
6
24 Section 123A (paragraph (e) of the definition of relevant
7
payment)
8
Omit "seniors supplement", substitute "energy supplement under
9
Part 2.25B of the 1991 Act".
10
25 Saving and transitional provisions
11
(1)
Paragraph 916D(3)(c) of the Social Security Act 1991 applies on and
12
after the commencement of this item as if a reference in that paragraph
13
to energy supplement included a reference to seniors supplement.
14
(2)
Despite the amendments made by items 7 and 13 to 17, Part 2.25B of
15
the Social Security Act 1991, and section 48B of the Social Security
16
(Administration) Act 1999, as in force immediately before the
17
commencement of this item, continue to apply on and after that
18
commencement in relation to an instalment period ending before that
19
commencement.
20
(3)
An election referred to in subparagraph 1061UA(2)(a)(i) of the Social
21
Security Act 1991 that was in force immediately before the
22
commencement of this item continues in force on and after that
23
commencement.
24
Veterans' Entitlements Act 1986
25
26 Section 5 (index of definitions)
26
Omit:
27
seniors supplement
5Q(1)
27 Paragraph 5H(8)(gb)
28
Omit "seniors supplement", substitute "energy supplement".
29
Schedule 1 Energy supplement replacing seniors supplement
Part 1 Main amendments
8
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
No. , 2014
28 Subsection 5Q(1) (definition of seniors supplement)
1
Repeal the definition.
2
29 Section 59A (note 1)
3
Omit "Note 1", substitute "Note".
4
30 Section 59A (note 1)
5
Omit "and the rate of seniors supplement (see section 118PB)".
6
31 Section 59A (note 2)
7
Repeal the note.
8
32 Subsection 62E(1) (note 1)
9
Repeal the note.
10
33 Subsection 62E(1) (note 2)
11
Omit "Note 2", substitute "Note".
12
34 Paragraph 118B(3)(c)
13
Omit "seniors supplement under this Act or the Social Security Act",
14
substitute "energy supplement under Part VIIAD of this Act or
15
Part 2.25B of the Social Security Act".
16
35 Part VIIAD (heading)
17
Repeal the heading, substitute:
18
Part VIIAD--Energy supplement
19
36 Section 118P (heading)
20
Repeal the heading, substitute:
21
118P Eligibility for energy supplement
22
37 Subsection 118P(1)
23
Omit "for seniors supplement", substitute "for energy supplement".
24
Energy supplement replacing seniors supplement Schedule 1
Main amendments Part 1
No. , 2014
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
9
38 Subparagraph 118P(1)(b)(iv)
1
Repeal the subparagraph, substitute:
2
(iv) energy supplement under Part 2.25B of the Social
3
Security Act.
4
39 Subsection 118P(2)
5
Omit "for seniors supplement", substitute "for energy supplement".
6
40 Subparagraph 118P(2)(d)(iv)
7
Repeal the subparagraph, substitute:
8
(iv) energy supplement under Part 2.25B of the Social
9
Security Act.
10
41 Section 118PA (heading)
11
Repeal the heading, substitute:
12
118PA When energy supplement is payable
13
42 Subsection 118PA(1)
14
Omit "Seniors supplement", substitute "Energy supplement".
15
43 Subsection 118PA(2)
16
Omit "seniors supplement", substitute "energy supplement".
17
44 Division 2 of Part VIIAD (heading)
18
Repeal the heading, substitute:
19
Division 2--Rate of energy supplement
20
45 Section 118PB (heading)
21
Repeal the heading, substitute:
22
118PB Rate of energy supplement
23
46 Subsection 118PB(1)
24
Repeal the subsection, substitute:
25
Schedule 1 Energy supplement replacing seniors supplement
Part 1 Main amendments
10
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
No. , 2014
(1) If subsection (2) applies to the person on a day, the person's daily
1
rate of energy supplement, for that day, is
1
/
364
of the amount
2
worked out using the following table:
3
4
Energy supplement
Item
Person's family situation
Amount of energy
supplement
1
Not a member of a couple
$366.60
2
Partnered
$275.60
3
Member of an illness separated
couple
$366.60
4
Member of a respite care couple
$366.60
Note:
For member of a couple, partnered, illness separated couple and
5
respite care couple see subsections 5E(1) and (5) and 5R(5) and (6)
6
respectively.
7
47 Subsection 118PB(2) (heading)
8
Repeal the heading.
9
48 Division 3 of Part VIIAD
10
Repeal the Division, substitute:
11
Division 3--Payment of energy supplement
12
118PC Payment of energy supplement
13
(1) Energy supplement under this Part is to be paid by instalments.
14
(2) An instalment of energy supplement is to be paid to a person as
15
soon as is reasonably practicable after the end of an instalment
16
period.
17
(3) The amount of the instalment is worked out by:
18
(a) working out the person's amount of energy supplement for
19
each day in the instalment period (using the daily rate of the
20
supplement for that day); and
21
(b) adding up the amounts resulting from paragraph (a).
22
(4) In this section:
23
Energy supplement replacing seniors supplement Schedule 1
Main amendments Part 1
No. , 2014
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
11
instalment period means a period:
1
(a) in relation to each day of which energy supplement is
2
payable to the person; and
3
Note:
For when energy supplement is payable to the person, see
4
section 118PA.
5
(b) that either begins on any 20 March, 20 June, 20 September or
6
20 December or does not include any such day; and
7
(c) that either ends on any 19 March, 19 June, 19 September or
8
19 December or does not include any such day; and
9
(d) that is not included in a longer instalment period.
10
49 Subsections 122A(1A) and (1C)
11
Omit "seniors supplement", substitute "energy supplement under
12
Part VIIAD".
13
50 Saving and transitional provisions
14
(1)
Despite the amendments made by items 35 to 48, Part VIIAD of the
15
Veterans' Entitlements Act 1986, as in force immediately before the
16
commencement of this item, continues to apply on and after that
17
commencement in relation to an instalment period ending before that
18
commencement.
19
(2)
An election referred to in subparagraph 118PA(2)(a)(i) of the Veterans'
20
Entitlements Act 1986 that was in force immediately before the
21
commencement of this item continues in force on and after that
22
commencement.
23
Schedule 1 Energy supplement replacing seniors supplement
Part 2 Consequential amendments
12
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
No. , 2014
Part 2
--Consequential amendments
1
Income Tax Assessment Act 1997
2
51 Section 52-10 (table item 22B.1)
3
Omit "Seniors supplement", substitute "Energy supplement under
4
Part 2.25B of the Social Security Act 1991".
5
52 Section 52-40 (table item 22B)
6
Omit "Seniors supplement", substitute "Energy supplement".
7
53 Section 52-65 (table item 16A.1)
8
Omit "Seniors supplement", substitute "Energy supplement under
9
Part VIIAD of the Veterans' Entitlements Act 1986".
10
54 Section 52-75 (table item 16A)
11
Omit "Seniors supplement", substitute "Energy supplement".
12
55 Saving provision
13
Despite the amendments of sections 52-10 and 52-65 of the Income Tax
14
Assessment Act 1997 made by this Schedule, item 22B.1 of the table in
15
section 52-10 of that Act, and item 16A.1 of the table in section 52-65
16
of that Act, as in force immediately before the commencement of this
17
item, continue to apply on and after that commencement in relation to a
18
payment of seniors supplement made before, on or after that
19
commencement.
20
Military Rehabilitation and Compensation Act 2004
21
56 Paragraph 222(5)(d)
22
Repeal the paragraph, substitute:
23
(d) energy supplement under Part 2.25B of the Social Security
24
Act 1991 or Part VIIAD of the Veterans' Entitlements Act
25
1986; or
26
Energy supplement replacing seniors supplement Schedule 1
Consequential amendments Part 2
No. , 2014
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
13
57 Paragraph 246(4)(d)
1
Repeal the paragraph, substitute:
2
(d) energy supplement under Part 2.25B of the Social Security
3
Act 1991 or Part VIIAD of the Veterans' Entitlements Act
4
1986; or
5
Schedule 1 Energy supplement replacing seniors supplement
Part 3 Transitional provisions
14
Social Services and Other Legislation Amendment (Seniors Supplement
Cessation) Bill 2014
No. , 2014
Part 3
--Transitional provisions
1
58 Transitional provision
--seniors supplement
2
If a person has been paid seniors supplement under Part 2.25B of the
3
Social Security Act 1991 or Part VIIAD of the Veterans' Entitlements
4
Act 1986 in relation to a day on or after 20 September 2014 and before
5
20 December 2014, then the amendments made by this Schedule do not
6
apply in relation to the person in relation to that day.
7