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This is a Bill, not an Act. For current law, see the Acts databases.
SOCIAL SECURITY AMENDMENT (FLEXIBLE PARTICIPATION REQUIREMENTS FOR PRINCIPAL CARERS) BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Amendment (Flexible
Participation Requirements for Principal
Carers) Bill 2010
No. , 2010
(Employment and Workplace Relations)
A Bill for an Act to amend the social security law,
and for related purposes
i Social Security Amendment (Flexible Participation Requirements for Principal Carers) Bill
2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
1
Schedule 1--Amendment of the Social Security Act 1991
3
Social Security Amendment (Flexible Participation Requirements for Principal Carers) Bill 2010
No. , 2010 1
A Bill for an Act to amend the social security law,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Social Security Amendment (Flexible
5
Participation Requirements for Principal Carers) Act 2010.
6
2 Commencement
7
This Act commences on 1 July 2010.
8
3 Schedule(s)
9
Each Act that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
2 Social Security Amendment (Flexible Participation Requirements for Principal Carers)
Bill 2010 No. , 2010
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amendment of the Social Security Act 1991 Schedule 1
Social Security Amendment (Flexible Participation Requirements for Principal Carers) Bill 2010
No. , 2010 3
Schedule 1--Amendment of the Social
1
Security Act 1991
2
3
1 Subsection 5(1)
4
Insert:
5
main supporter of a secondary pupil child has the meaning given
6
by section 5G.
7
2 Subsection 5(1)
8
Insert:
9
secondary pupil child has the meaning given by section 5F.
10
3 After section 5E
11
Insert:
12
5F Secondary pupil child
13
A person is a secondary pupil child of another person at a time in a
14
financial year if:
15
(a) at the time, the person:
16
(i) has turned 16 but has not turned 19; and
17
(ii) has not completed the final year of secondary school or
18
an equivalent level of education; and
19
(iii) is undertaking secondary education or a course of study
20
or instruction that is determined under section 5D of the
21
Student Assistance Act 1973 to be a secondary course;
22
and
23
(b) the person's income in the financial year will not be more
24
than $6,403; and
25
(c) at the time, the person:
26
(i) lives with the other person; and
27
(ii) is wholly or substantially dependent on the other person;
28
and
29
(d) if the person is a member of a couple, the other person is not
30
the person's partner; and
31
(e) the other person is claiming or receiving any of the following
32
at the time:
33
Schedule 1 Amendment of the Social Security Act 1991
4 Social Security Amendment (Flexible Participation Requirements for Principal Carers)
Bill 2010 No. , 2010
(i)
parenting
payment;
1
(ii)
youth
allowance;
2
(iii)
newstart
allowance;
3
(iv)
special
benefit.
4
Note:
The amount in paragraph (b) is indexed annually in line with CPI
5
increases (see sections 1191 to 1194).
6
5G Main supporter of secondary pupil child
7
(1) If someone is a secondary pupil child of a person, the person is the
8
main supporter of the secondary pupil child, subject to
9
subsection (2).
10
(2) Subsections 5(18) to (22) (inclusive) and subsection 5(24) apply
11
for the purposes of determining whether a person is the main
12
supporter of a secondary pupil child in the same way as they apply
13
for the purposes of determining whether a person is the principal
14
carer of a child.
15
Note:
Subsections 5(18) to (20D) (inclusive) are about identifying the one
16
person who is the principal carer of a child. Subsections 5(21), (22)
17
and (24) prevent a person from being the principal carer of a child
18
who has left Australia and has been absent from Australia for more
19
than 13 weeks.
20
4 Paragraph 502C(2)(a)
21
Repeal the paragraph, substitute:
22
(a) the person was subjected to domestic violence in the 26
23
weeks before the making of the determination; or
24
5 Paragraph 502C(5)(b)
25
Omit "in connection with the particular cessation referred to in
26
subparagraph (2)(a)(i)", substitute "in relation to the person on or after
27
1 July 2010".
28
6 Subsection 502D(3A)
29
Repeal the subsection, substitute:
30
(3A) The Secretary must make a determination under this section in
31
relation to the person if the Secretary is satisfied that:
32
(a) the person is the principal carer of a child; and
33
(b) the person is one or both of the following:
34
Amendment of the Social Security Act 1991 Schedule 1
Social Security Amendment (Flexible Participation Requirements for Principal Carers) Bill 2010
No. , 2010 5
(i) the principal carer of one or more other children;
1
(ii) the main supporter of one or more secondary pupil
2
children; and
3
(c) there are 4 or more of the children of whom the person is the
4
principal carer or main supporter.
5
Note 1:
For principal carer see subsections 5(15) to (24).
6
Note 2:
For main supporter see section 5G.
7
Note 3:
For secondary pupil child see section 5F.
8
(3B) The Secretary must make a determination under this section in
9
relation to the person if the Secretary is satisfied that:
10
(a) the person is the main supporter of one or more secondary
11
pupil children; and
12
(b) the person is a home educator or distance educator of one or
13
more of those children.
14
Note 1:
For main supporter see section 5G.
15
Note 2:
For secondary pupil child see section 5F.
16
Note 3:
For home educator see section 5C.
17
Note 4:
For distance educator see section 5D.
18
(3C) The Secretary must make a determination under this section in
19
relation to the person if the Secretary is satisfied that:
20
(a) the person is the principal carer of one or more children; and
21
(b) the person is a relative (other than a parent) of a child (the
22
kin child); and
23
(c) there is a document that:
24
(i) provides for the kin child to live with the person for the
25
care and wellbeing of the kin child; and
26
(ii) is prepared or accepted by an authority of a State or
27
Territory that has responsibility for the wellbeing of
28
children; and
29
(d) the person is acting in accordance with the document.
30
Note 1:
For principal carer see subsections 5(15) to (24).
31
Note 2:
For relative (other than a parent) see section 5E.
32
7 Subparagraphs 542F(2)(a)(ii), (iii) and (iv)
33
Repeal the subparagraphs, substitute:
34
Schedule 1 Amendment of the Social Security Act 1991
6 Social Security Amendment (Flexible Participation Requirements for Principal Carers)
Bill 2010 No. , 2010
(ii) was subjected to domestic violence in the 26 weeks
1
before the making of the determination; or
2
8 Paragraph 542F(5)(b)
3
Omit "in connection with the particular cessation referred to in
4
subparagraph (2)(a)(ii)", substitute "in relation to the person on or after
5
1 July 2010".
6
9 Subsection 542FA(3A)
7
Repeal the subsection, substitute:
8
(3A) The Secretary must make a determination under this section in
9
relation to the person if the Secretary is satisfied that:
10
(a) the person is the principal carer of a child; and
11
(b) the person is one or both of the following:
12
(i) the principal carer of one or more other children;
13
(ii) the main supporter of one or more secondary pupil
14
children; and
15
(c) there are 4 or more of the children of whom the person is the
16
principal carer or main supporter.
17
Note 1:
For principal carer see subsections 5(15) to (24).
18
Note 2:
For main supporter see section 5G.
19
Note 3:
For secondary pupil child see section 5F.
20
(3B) The Secretary must make a determination under this section in
21
relation to the person if the Secretary is satisfied that the person:
22
(a) is not the principal carer of one or more children; and
23
(b) is a registered and active foster carer; and
24
(c) is providing foster care to a child temporarily in an
25
emergency or to give respite to another person from caring
26
for the child.
27
Note 1:
For principal carer see subsections 5(15) to (24).
28
Note 2:
For registered and active foster carer see section 5B.
29
(3C) The Secretary must make a determination under this section in
30
relation to the person if the Secretary is satisfied that the person:
31
(a) is the main supporter of one or more secondary pupil
32
children; and
33
Amendment of the Social Security Act 1991 Schedule 1
Social Security Amendment (Flexible Participation Requirements for Principal Carers) Bill 2010
No. , 2010 7
(b) is a home educator or distance educator of one or more of
1
those children.
2
Note 1:
For main supporter see section 5G.
3
Note 2:
For secondary pupil child see section 5F.
4
Note 3:
For home educator see section 5C.
5
Note 4:
For distance educator see section 5D.
6
(3D) The Secretary must make a determination under this section in
7
relation to the person if the Secretary is satisfied that:
8
(a) the person is the principal carer of one or more children; and
9
(b) the person is a relative (other than a parent) of a child (the
10
kin child); and
11
(c) there is a document that:
12
(i) provides for the kin child to live with the person for the
13
care and wellbeing of the kin child; and
14
(ii) is prepared or accepted by an authority of a State or
15
Territory that has responsibility for the wellbeing of
16
children; and
17
(d) the person is acting in accordance with the document.
18
Note 1:
For principal carer see subsections 5(15) to (24).
19
Note 2:
For relative (other than a parent) see section 5E.
20
10 Subsection 542FA(6)
21
After "this section", insert ", except subsection (3B),".
22
11 After subsection 542FA(6)
23
Insert:
24
(6A) The period that the Secretary determines under subsection (3B) in
25
relation to the person must be the lesser of:
26
(a)
the
period:
27
(i) starting when the person starts to provide foster care to
28
the child; and
29
(ii) ending 12 weeks, or a shorter period determined by the
30
Secretary, after the person ceases to provide foster care
31
to the child; and
32
(b)
12
months.
33
12 Subsection 542FA(7)
34
Schedule 1 Amendment of the Social Security Act 1991
8 Social Security Amendment (Flexible Participation Requirements for Principal Carers)
Bill 2010 No. , 2010
Omit "Any such period", substitute "A period determined by the
1
Secretary under this section in relation to the person".
2
13 Subparagraphs 602B(2)(a)(ii), (iii) and (iv)
3
Repeal the subparagraphs, substitute:
4
(ii) was subjected to domestic violence in the 26 weeks
5
before the making of the determination; or
6
14 Paragraph 602B(5)(b)
7
Omit "in connection with the particular cessation referred to in
8
subparagraph (2)(a)(ii)", substitute "in relation to the person on or after
9
1 July 2010".
10
15 Subsection 602C(3A)
11
Repeal the subsection, substitute:
12
(3A) The Secretary must make a determination under this section in
13
relation to the person if the Secretary is satisfied that:
14
(a) the person is the principal carer of a child; and
15
(b) the person is one or both of the following:
16
(i) the principal carer of one or more other children;
17
(ii) the main supporter of one or more secondary pupil
18
children; and
19
(c) there are 4 or more of the children of whom the person is the
20
principal carer or main supporter.
21
Note 1:
For principal carer see subsections 5(15) to (24).
22
Note 2:
For main supporter see section 5G.
23
Note 3:
For secondary pupil child see section 5F.
24
(3B) The Secretary must make a determination under this section in
25
relation to the person if the Secretary is satisfied that the person:
26
(a) is not the principal carer of one or more children; and
27
(b) is a registered and active foster carer; and
28
(c) is providing foster care to a child temporarily in an
29
emergency or to give respite to another person from caring
30
for the child.
31
Note 1:
For principal carer see subsections 5(15) to (24).
32
Note 2:
For registered and active foster carer see section 5B.
33
Amendment of the Social Security Act 1991 Schedule 1
Social Security Amendment (Flexible Participation Requirements for Principal Carers) Bill 2010
No. , 2010 9
(3C) The Secretary must make a determination under this section in
1
relation to the person if the Secretary is satisfied that the person:
2
(a) is the main supporter of one or more secondary pupil
3
children; and
4
(b) is a home educator or distance educator of one or more of
5
those children.
6
Note 1:
For main supporter see section 5G.
7
Note 2:
For secondary pupil child see section 5F.
8
Note 3:
For home educator see section 5C.
9
Note 4:
For distance educator see section 5D.
10
(3D) The Secretary must make a determination under this section in
11
relation to the person if the Secretary is satisfied that:
12
(a) the person is the principal carer of one or more children; and
13
(b) the person is a relative (other than a parent) of a child (the
14
kin child); and
15
(c) there is a document that:
16
(i) provides for the kin child to live with the person for the
17
care and wellbeing of the kin child; and
18
(ii) is prepared or accepted by an authority of a State or
19
Territory that has responsibility for the wellbeing of
20
children; and
21
(d) the person is acting in accordance with the document.
22
Note 1:
For principal carer see subsections 5(15) to (24).
23
Note 2:
For relative (other than a parent) see section 5E.
24
16 Subsection 602C(6)
25
After "this section", insert ", except subsection (3B),".
26
17 After subsection 602C(6)
27
Insert:
28
(6A) The period that the Secretary determines under subsection (3B) in
29
relation to the person must be the lesser of:
30
(a)
the
period:
31
(i) starting when the person starts to provide foster care to
32
the child; and
33
Schedule 1 Amendment of the Social Security Act 1991
10 Social Security Amendment (Flexible Participation Requirements for Principal Carers)
Bill 2010 No. , 2010
(ii) ending 12 weeks, or a shorter period determined by the
1
Secretary, after the person ceases to provide foster care
2
to the child; and
3
(b)
12
months.
4
18 Subsection 602C(7)
5
Omit "Any such period", substitute "A period determined by the
6
Secretary under this section in relation to the person".
7
19 Subparagraphs 731DA(2)(a)(ii), (iii) and (iv)
8
Repeal the subparagraphs, substitute:
9
(ii) was subjected to domestic violence in the 26 weeks
10
before the making of the determination; or
11
20 Paragraph 731DA(5)(b)
12
Omit "in connection with the particular cessation referred to in
13
subparagraph (2)(a)(ii)", substitute "in relation to the person on or after
14
1 July 2010".
15
21 Subsection 731DB(3A)
16
Repeal the subsection, substitute:
17
(3A) The Secretary must make a determination under this section in
18
relation to the person if the Secretary is satisfied that:
19
(a) the person is the principal carer of a child; and
20
(b) the person is one or both of the following:
21
(i) the principal carer of one or more other children;
22
(ii) the main supporter of one or more secondary pupil
23
children; and
24
(c) there are 4 or more of the children of whom the person is the
25
principal carer or main supporter.
26
Note 1:
For principal carer see subsections 5(15) to (24).
27
Note 2:
For main supporter see section 5G.
28
Note 3:
For secondary pupil child see section 5F.
29
(3B) The Secretary must make a determination under this section in
30
relation to the person if the Secretary is satisfied that the person:
31
(a) is not the principal carer of one or more children; and
32
(b) is a registered and active foster carer; and
33
Amendment of the Social Security Act 1991 Schedule 1
Social Security Amendment (Flexible Participation Requirements for Principal Carers) Bill 2010
No. , 2010 11
(c) is providing foster care to a child temporarily in an
1
emergency or to give respite to another person from caring
2
for the child.
3
Note 1:
For principal carer see subsections 5(15) to (24).
4
Note 2:
For registered and active foster carer see section 5B.
5
(3C) The Secretary must make a determination under this section in
6
relation to the person if the Secretary is satisfied that the person:
7
(a) is the main supporter of one or more secondary pupil
8
children; and
9
(b) is a home educator or distance educator of one or more of
10
those children.
11
Note 1:
For main supporter see section 5G.
12
Note 2:
For secondary pupil child see section 5F.
13
Note 3:
For home educator see section 5C.
14
Note 4:
For distance educator see section 5D.
15
(3D) The Secretary must make a determination under this section in
16
relation to the person if the Secretary is satisfied that:
17
(a) the person is the principal carer of one or more children; and
18
(b) the person is a relative (other than a parent) of a child (the
19
kin child); and
20
(c) there is a document that:
21
(i) provides for the kin child to live with the person for the
22
care and wellbeing of the kin child; and
23
(ii) is prepared or accepted by an authority of a State or
24
Territory that has responsibility for the wellbeing of
25
children; and
26
(d) the person is acting in accordance with the document.
27
Note 1:
For principal carer see subsections 5(15) to (24).
28
Note 2:
For relative (other than a parent) see section 5E.
29
22 Subsection 731DB(6)
30
After "this section", insert ", except subsection (3B),".
31
23 After subsection 731DB(6)
32
Insert:
33
Schedule 1 Amendment of the Social Security Act 1991
12 Social Security Amendment (Flexible Participation Requirements for Principal Carers)
Bill 2010 No. , 2010
(6A) The period that the Secretary determines under subsection (3B) in
1
relation to the person must be the lesser of:
2
(a)
the
period:
3
(i) starting when the person starts to provide foster care to
4
the child; and
5
(ii) ending 12 weeks, or a shorter period determined by the
6
Secretary, after the person ceases to provide foster care
7
to the child; and
8
(b)
12
months.
9
24 Subsection 731DB(7)
10
Omit "Any such period", substitute "A period determined by the
11
Secretary under this section in relation to the person".
12
25 Section 1190 (table item 40A)
13
Repeal the item, substitute:
14
40A. Amount
that
a
young person who
has turned 16, but
not 22, can earn in
a financial year
without ceasing to
be a student child,
dependent child or
secondary pupil
child
Permissible child
earnings limit
(child aged 16 to
21 years)
[paragraphs 5(1A)(b) and (4)(b)
and 5F(b)]
26 Saving provision
15
The amendments of sections 502C, 502D, 542F, 542FA, 602B, 602C,
16
731DA and 731DB of the Social Security Act 1991 made by this
17
Schedule do not affect the validity (after the commencement of those
18
amendments) of a determination made under any of those sections
19
before that commencement.
20