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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Social
Security Amendment (Further Simplification) Bill
2003
No. ,
2003
(Family and Community
Services)
A Bill for an Act to amend the
Social Security Act 1991, and for related purposes
Contents
Social Security Act
1991 3
Social Security Act
1991 31
A Bill for an Act to amend the Social Security Act
1991, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Social Security Amendment (Further
Simplification) Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
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 on which this Act receives the Royal Assent. |
|
|
2. Schedule 1 |
1 July 2004. |
1 July 2004 |
|
3. Schedule 2, items 1 to 17 |
1 July 2004. |
1 July 2004 |
|
4. Schedule 2, items 18 to 34 |
The day on which this Act receives the Royal Assent. |
|
|
5. Schedule 2, items 35 and 36 |
1 July 2004. |
1 July 2004 |
|
6. Schedule 2, item 37 |
The day on which this Act receives the Royal Assent. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Paragraphs 23(4AA)(f) and (g)
Repeal the paragraphs, substitute:
(f) 1070W;
(g) 1070X;
2 Paragraph 1061P(1)(c)
Repeal the paragraph, substitute:
(c) the applicable rate for item 2 of the table in section 1070L
(rent assistance).
3 Paragraph 1061P(2)(c)
Repeal the paragraph, substitute:
(c) the applicable rate for item 1 of the table in section 1070L
(rent assistance).
4 Point 1064-A1 (method statement, step
3)
Omit “(using MODULE D)”, substitute “in accordance with
paragraph 1070A(b)”.
5 Point 1064-A2
Omit “(see points 1064-D7 and 1064-D8 below)”, substitute
“(see section 1070V)”.
6 Section 1064 (Module D)
Repeal the Module.
7 Point 1066-A1 (method statement, step
3)
Omit “(using MODULE D)”, substitute “in accordance with
paragraph 1070A(b)”.
8 Point 1066A-A2
Omit “(see points 1066A-EA14, 1066A-EA15, 1066A-EB15 and 1066A-EB16
below)”, substitute “(see section 1070V)”.
9 Section 1066 (Module D)
Repeal the Module.
10 Point 1066A-A1 (method statement, step
4)
Omit “(using MODULE EA if the person is under 18, or MODULE EB if the
person is at least 18)”, substitute “in accordance with paragraph
1070A(b)”.
11 Section 1066A (Modules EA and
EB)
Repeal the Modules.
12 Point 1067G-A1 (method statement, step
3)
Omit “(if any) for rent assistance using Module D below”,
substitute “per fortnight (if any) for rent assistance in accordance with
paragraph 1070A(a)”.
13 Section 1067G (Module
D)
Repeal the Module.
14 Point 1068-A1 (method statement, step
3)
Omit “(if any) for rent assistance (using MODULE F)”,
substitute “per fortnight (if any) for rent assistance in accordance with
paragraph 1070A(a)”.
15 Section 1068 (Module F)
Repeal the Module.
16 Paragraphs 1068A(5)(c) and
(d)
Repeal the paragraphs.
17 Point 1068A-A1 (method statement, step
3)
Omit “using Module D below”, substitute “in accordance
with paragraph 1070A(b)”.
18 Section 1068A (Module
D)
Repeal the Module.
19 Point 1068B-A2 (method statement, step
2)
Omit “using Module F below”, substitute “in accordance
with paragraph 1070A(a)”.
20 Point 1068B-A3 (method statement, step
2)
Omit “using Module F below”, substitute “in accordance
with paragraph 1070A(a)”.
21 Section 1068B (Module
F)
Repeal the Module.
22 After Part 3.6A
Insert:
This Part applies if the rate of a person’s social security payment
is to be calculated in accordance with any of the following Rate
Calculators:
(a) Pension Rate Calculator A (carer payments and certain age, disability
support and wife pensions);
(b) Pension Rate Calculator C (bereavement allowance and widow B
pension);
(c) Pension Rate Calculator D (certain disability support
pensions);
(d) Youth Allowance Rate Calculator;
(e) Benefit Rate Calculator B (mature age allowance under Part 2.12B
and newstart, partner, sickness and widow allowance);
(f) Pension PP (Single) Rate Calculator or Benefit PP (Partnered) Rate
Calculator (parenting payments).
If a person to whom this Part applies qualifies for rent assistance in
accordance with Division 2, to help cover the cost of rent:
(a) if paragraph (b) does not apply—the amount per fortnight
worked out in accordance with Division 3 is added to the person’s
maximum basic rate for the social security payment; or
(b) if the rate of the person’s social security payment is to be
calculated in accordance with Pension Rate Calculator A, C or D, or the Pension
PP (Single) Rate Calculator—the amount per fortnight worked out in
accordance with Division 3 is multiplied by 26 to calculate an amount per
year and the amount per year is added to the person’s maximum basic rate
for the social security payment.
A person qualifies for rent assistance if the person satisfies:
(a) the common requirements set out in section 1070C; and
(b) any specific requirement, set out in a later section of this Division,
applicable to the person’s social security payment.
The common requirements are that:
(a) the person is not an aged care resident, and is not taken to be an
aged care resident for the purposes of the Rate Calculator concerned;
and
(b) the person is not an ineligible homeowner; and
(c) the person pays, or is liable to pay, rent, other than Government
rent, in respect of a period in respect of premises in Australia; and
(d) the person’s fortnightly rent is more than the rent threshold
amount (see section 1070T).
(1) If the rate of the person’s social security payment is to be
calculated in accordance with Pension Rate Calculator A and subsection (2)
applies, the specific requirement applicable to the person’s social
security payment is that set out in subsection (3).
(2) This subsection applies if:
(a) the following conditions are satisfied:
(i) the person is not a member of a couple, or is a member of an illness
separated couple, a respite care couple or a temporarily separated
couple;
(ii) the person is entitled to be paid family tax benefit; or
(b) the following conditions are satisfied:
(i) the person is a member of a couple, other than an illness separated
couple, a respite care couple or a temporarily separated couple;
(ii) the person, or the person’s partner, is entitled to be paid
family tax benefit.
(3) The specific requirement is that:
(a) in a paragraph (2)(a) case—the person’s maximum Part
A rate of family tax benefit does not include rent assistance; and
(b) in a paragraph (2)(b) case—the maximum Part A rate of
family tax benefit of the person, or the person’s partner, does not
include rent assistance.
If:
(a) the rate of the person’s social security payment is to be
calculated in accordance with Pension Rate Calculator C or the Pension PP
(Single) Rate Calculator; and
(b) the person is entitled to be paid family tax benefit;
the specific requirement applicable to the social security payment is that
the person’s maximum Part A rate of family tax benefit does not include
rent assistance.
(1) If the rate of the person’s social security payment is to be
calculated in accordance with Pension Rate Calculator D, the specific
requirement applicable to the social security payment is that the person
complies with subsection (2) or (3).
Person who has not turned 18
(2) The person complies with this subsection if:
(a) the person has not turned 18; and
(b) one of the following applies:
(i) the person is a member of a couple and, if the person’s partner
is living with the person in their home, the person’s partner is not
receiving incentive allowance;
(ii) the person is in disability accommodation;
(iii) the person is independent;
(iv) the person is living away from the person’s parental home
because of a medical condition of the person; and
(c) if:
(i) the person is not a member of a couple, or is a member of an illness
separated couple, a respite care couple or a temporarily separated couple;
and
(ii) the person is entitled to be paid family tax benefit;
the person’s maximum Part A rate of family tax benefit does not
include rent assistance; and
(d) if:
(i) the person is a member of a couple, other than an illness separated
couple, a respite care couple or a temporarily separated couple; and
(ii) the person, or the person’s partner, is entitled to be paid
family tax benefit;
the maximum Part A rate of family tax benefit of the person, or the
person’s partner, does not include rent assistance.
Person who has turned 18
(3) The person complies with this subsection if:
(a) the person has turned 18; and
(b) one of the following applies:
(i) the person is a member of a couple and, if the person’s partner
is living with the person in their home, the person’s partner is not
receiving incentive allowance;
(ii) the person is in disability accommodation;
(iii) the person is living away from the person’s parental home
permanently or indefinitely; and
(c) if:
(i) the person is not a member of a couple, or is a member of an illness
separated couple, a respite care couple or a temporarily separated couple;
and
(ii) the person is entitled to be paid family tax benefit;
the person’s maximum Part A rate of family tax benefit does not
include rent assistance; and
(d) if:
(i) the person is a member of a couple, other than an illness separated
couple, a respite care couple or a temporarily separated couple; and
(ii) the person, or the person’s partner, is entitled to be paid
family tax benefit;
the maximum Part A rate of family tax benefit of the person, or the
person’s partner, does not include rent assistance.
(4) For the purposes of applying the definition of living away from
the person’s parental home in subsection (3), a step-parent
or guardian is taken to be a parent.
(1) If the rate of the person’s social security payment is to be
calculated in accordance with the Youth Allowance Rate Calculator, the specific
requirement applicable to the social security payment is that:
(a) the person:
(i) is independent but is not an accommodated independent person;
or
(ii) is not independent and is required to live away from home;
and
(b) the person does not have a partner with a rent increased pension;
and
(c) if:
(i) the person is not a member of a couple, or is a member of an illness
separated couple, a respite care couple or a temporarily separated couple;
and
(ii) the person is entitled to be paid family tax benefit;
the person’s maximum Part A rate of family tax benefit does not
include rent assistance; and
(d) if:
(i) the person is a member of a couple, other than an illness separated
couple, a respite care couple or a temporarily separated couple; and
(ii) the person, or the person’s partner, is entitled to be paid
family tax benefit;
the maximum Part A rate of family tax benefit of the person, or the
person’s partner, does not include rent assistance.
(2) In this section, accommodated independent person and
required to live away from home have the same meanings as in
Part 3.5.
(1) If the rate of the person’s social security payment is to be
calculated in accordance with Benefit Rate Calculator B, the specific
requirement applicable to the social security payment is that set out in
subsection (2).
(2) The specific requirement is that:
(a) if the person:
(i) is not a member of a couple; and
(ii) is not living away from the principal home of a parent permanently or
indefinitely;
the person has turned 25; and
(b) the person does not have a partner with a rent increased pension;
and
(c) if:
(i) the person is not a member of a couple, or is a member of an illness
separated couple, a respite care couple or a temporarily separated couple;
and
(ii) the person is entitled to be paid family tax benefit;
the person’s maximum Part A rate of family tax benefit does not
include rent assistance; and
(d) if:
(i) the person is a member of a couple, other than an illness separated
couple, a respite care couple or a temporarily separated couple; and
(ii) the person, or the person’s partner, is entitled to be paid
family tax benefit;
the maximum Part A rate of family tax benefit of the person, or the
person’s partner, does not include rent assistance.
(3) For the purposes of subparagraph (2)(a)(ii), a step-parent or
guardian is taken to be a parent.
If the rate of the person’s social security payment is to be
calculated in accordance with the Benefit PP (Partnered) Rate Calculator, the
specific requirement applicable to the social security payment is
that:
(a) the person’s partner is not receiving a rent increased pension;
and
(b) if:
(i) the person is a member of an illness separated couple, a respite care
couple or a temporarily separated couple; and
(ii) the person is entitled to be paid family tax benefit;
the person’s maximum Part A rate of family tax benefit does not
include rent assistance; and
(c) if:
(i) the person is a member of a couple, other than an illness separated
couple, a respite care couple or a temporarily separated couple; and
(ii) the person, or the person’s partner, is entitled to be paid
family tax benefit;
the maximum Part A rate of family tax benefit of the person, or the
person’s partner, does not include rent assistance.
A person’s rate of rent assistance depends on the person’s
social security payment and the person’s family situation.
(1) The person’s rate of rent assistance is worked out under this
section if the rate of the person’s social security payment is to be
calculated in accordance with Pension Rate Calculator A.
(2) Using the following table, work out which family situation applies to
the person and calculate rate A for the person using the formula in column 3.
This is the person’s rate of rent assistance per fortnight but only up to
the person’s maximum rent assistance rate. If the person is not a single
person sharing accommodation, the person’s maximum rent assistance rate is
rate B worked out using column 4 of the table. If the person is a single person
sharing accommodation, the person’s maximum rent assistance rate is
two-thirds of rate B.
|
Rate of rent assistance |
|||
|---|---|---|---|
|
Column 1 Item |
Column 2 Person’s family situation |
Column 3 Rate A |
Column 4 Rate B |
|
1 |
Not a member of a couple |
|
$93.20 |
|
2 |
Partnered and partner does not have rent increased pension |
|
$88.00 |
|
3 |
Partnered and partner: (a) is receiving a social security pension; and (b) has rent increased pension |
|
$44.00 |
|
4 |
Partnered and partner: (a) is receiving a service pension or income support supplement;
and (b) has rent increased pension; and (c) does not have a dependent child or dependent children |
|
$44.00 |
|
5 |
Partnered and partner: (a) is receiving a service pension or income support supplement;
and (b) has rent increased pension; and (c) has 1 or 2 dependent children |
|
$54.80 |
|
6 |
Partnered and partner: (a) is receiving a service pension or income support supplement;
and (b) has rent increased pension; and (c) has 3 or more dependent children |
|
$62.00 |
|
7 |
Partnered—member of an illness separated couple |
|
$93.20 |
|
8 |
Partnered—member of a respite care couple |
|
$93.20 |
|
9 |
Partnered—member of a temporarily separated couple |
|
$88.00 |
|
10 |
Partnered (partner in gaol) |
|
$93.20 |
(1) The person’s rate of rent assistance is worked out under this
section if the rate of the person’s social security payment is to be
calculated in accordance with Pension Rate Calculator C or the Pension PP
(Single) Rate Calculator.
(2) Using the following table, calculate rate A for the person using the
formula in column 2. This will be the person’s rate of rent assistance per
fortnight but only up to the person’s maximum rent assistance rate. If the
person is not a single person sharing accommodation, the person’s maximum
rent assistance rate is rate B worked out using column 3 of the table. If the
person is a single person sharing accommodation, the person’s maximum rent
assistance rate is two-thirds of rate B.
|
Rate of rent assistance |
||
|---|---|---|
|
Column 1 Item |
Column 2 Rate A |
Column 3 Rate B |
|
1 |
|
$93.20 |
(1) The person’s rate of rent assistance is worked out under this
section if the rate of the person’s social security payment is to be
calculated in accordance with Pension Rate Calculator D and the person has not
turned 18.
(2) Using the table below, work out which family situation applies to the
person and calculate rate A for the person using the formula in column 3. This
is the person’s rate of rent assistance per fortnight but only up to the
person’s maximum rent assistance rate. The person’s maximum rent
assistance rate is rate B worked out using column 4 of the table.
|
Rate of rent assistance |
|||
|---|---|---|---|
|
Column 1 Item |
Column 2 Person’s family situation |
Column 3 Rate A |
Column 4 Rate B |
|
1 |
Not a member of a couple and: (a) in disability accommodation; or (b) independent |
|
$93.20 |
|
2 |
Partnered and partner does not have rent increased pension |
|
$88.00 |
|
3 |
Partnered and partner: (a) is receiving a social security pension; and (b) has rent increased pension |
|
$44.00 |
|
4 |
Partnered and partner: (a) is receiving a service pension or income support supplement;
and (b) has rent increased pension; and (c) does not have a dependent child or dependent children |
|
$44.00 |
|
5 |
Partnered and partner: (a) is receiving a service pension or income support supplement;
and (b) has rent increased pension; and (c) has 1 or 2 dependent children |
|
$54.80 |
|
6 |
Partnered and partner: (a) is receiving a service pension or income support supplement;
and (b) has rent increased pension; and (c) has 3 or more dependent children |
|
$62.00 |
|
7 |
Partnered—member of an illness separated couple |
|
$93.20 |
|
8 |
Partnered—member of a respite care couple |
|
$93.20 |
|
9 |
Partnered—member of a temporarily separated couple |
|
$88.00 |
|
10 |
Partnered (partner in gaol) |
|
$93.20 |
(1) The person’s rate of rent assistance is worked out under this
section if the rate of the person’s social security payment is to be
calculated in accordance with Pension Rate Calculator D and the person has
turned 18.
(2) Using the table below, work out which family situation applies to the
person and calculate rate A for the person using the formula in column 3. This
is the person’s rate of rent assistance per fortnight but only up to the
person’s maximum rent assistance rate. The person’s maximum rent
assistance rate is rate B worked out using column 4 of the table.
|
Rate of rent assistance |
|||
|---|---|---|---|
|
Column 1 Item |
Column 2 Person’s family situation |
Column 3 Rate A |
Column 4 Rate B |
|
1 |
Not a member of a couple and: (a) in disability accommodation; or (b) living away from the person’s parental home permanently or
indefinitely |
|
$93.20 |
|
2 |
Partnered and partner does not have rent increased pension |
|
$88.00 |
|
3 |
Partnered and partner: (a) is receiving a social security pension; and (b) has rent increased pension |
|
$44.00 |
|
4 |
Partnered and partner: (a) is receiving a service pension or income support supplement;
and (b) has rent increased pension; and (c) does not have a dependent child or dependent children |
|
$44.00 |
|
5 |
Partnered and partner: (a) is receiving a service pension or income support supplement;
and (b) has rent increased pension; and (c) has 1 or 2 dependent children |
|
$54.80 |
|
6 |
Partnered and partner: (a) is receiving a service pension or income support supplement;
and (b) has rent increased pension; and (c) has 3 or more dependent children |
|
$62.00 |
|
7 |
Partnered—member of an illness separated couple |
|
$93.20 |
|
8 |
Partnered—member of a respite care couple |
|
$93.20 |
|
9 |
Partnered—member of a temporarily separated couple |
|
$88.00 |
|
10 |
Partnered (partner in gaol) |
|
$93.20 |
(1) The person’s rate of rent assistance is worked out under this
section if the rate of the person’s social security payment is to be
calculated in accordance with the Youth Allowance Rate Calculator or Benefit
Rate Calculator B.
(2) Using the table below, work out which family situation applies to the
person and calculate rate A for the person using the formula in column 3. This
is the person’s rate of rent assistance per fortnight but only up to the
person’s maximum rent assistance rate. If the person is not a single
person sharing accommodation, the person’s maximum rent assistance rate is
rate B worked out using column 4 of the table. If the person is a single person
sharing accommodation, the person’s maximum rent assistance rate is
two-thirds of rate B.
|
Rate of rent assistance |
|||
|---|---|---|---|
|
Column 1 Item |
Column 2 Person’s family situation |
Column 3 Rate A |
Column 4 Rate B |
|
1 |
Not a member of a couple |
|
$93.20 |
|
2 |
Partnered—partner does not have rent increased benefit |
|
$88.00 |
|
3 |
Partnered—partner has rent increased benefit |
|
$44.00 |
|
4 |
Partnered—member of an illness separated couple |
|
$93.20 |
|
5 |
Partnered—member of a respite care couple |
|
$93.20 |
|
6 |
Partnered—member of a temporarily separated couple |
|
$88.00 |
|
7 |
Partnered (partner in gaol) |
|
$93.20 |
(1) The person’s rate of rent assistance is worked out under this
section if the rate of the person’s social security payment is to be
calculated in accordance with Benefit PP (Partnered) Rate Calculator.
(2) Using the table below, work out which family situation applies to the
person and calculate rate A for the person using the formula in column 3. This
is the person’s rate of rent assistance per fortnight but only up to the
person’s maximum rent assistance rate. The person’s maximum rent
assistance rate is rate B worked out using column 4 of the table.
|
Rate of rent assistance |
|||
|---|---|---|---|
|
Column 1 Item |
Column 2 Person’s family situation |
Column 3 Rate of rent assistance |
Column 4 Maximum rate |
|
1 |
Partnered—partner does not have rent increased benefit |
|
$88.00 |
|
2 |
Partnered—partner has rent increased benefit |
|
$44.00 |
|
3 |
Partnered—member of an illness separated couple |
|
$93.20 |
|
4 |
Partnered—member of a respite care couple |
|
$93.20 |
|
5 |
Partnered—member of a temporarily separated couple |
|
$88.00 |
|
6 |
Partnered (partner in gaol) |
|
$93.20 |
This Division has effect for the purposes of this Part.
(1) If the rate of a person’s social security payment is to be
calculated in accordance with Pension Rate Calculator C or the Pension PP
(Single) Rate Calculator, the person’s rent threshold amount is
$82.80.
(2) In any other case, a person’s rent threshold amount is worked
out in accordance with subsection (3).
(3) First, identify which of sections 1070L, 1070N, 1070P, 1070Q and
1070R applies to work out the rate of rent assistance for the person’s
social security payment. Next, identify which family situation in the table in
that section applies to the person. The person’s rent threshold amount is
the amount in the formula in column 3 of the table, in relation to the family
situation, that is deducted from fortnightly rent.
Example: If a person who is not a member of a couple
receives an age pension, the person’s rent threshold amount is worked out
as follows. First, identify section 1070L as the section applicable to an
age pension. Then identify the family situation in item 1 of the table in
that section as applicable to the person. Finally, the person’s rent
threshold amount is $82.80, being the amount that, in the formula in column 3 of
that table, is deducted from the person’s fortnightly rent. Indexation of
the $82.80 has been ignored for the purposes of this example.
Fortnightly rent is the fortnightly rent paid or payable by the person
whose rate of social security payment is being calculated.
Rent paid by a member of a couple where person’s partner is living
with the person in their home
(1) If a person is a member of a couple and the person’s partner is
living with the person in their home, any rent that the person’s partner
pays or is liable to pay in respect of the home is to be treated as paid or
payable by the person.
Rent paid by a member of an illness separated, respite care couple or
temporarily separated couple
(2) If a person is a member of an illness separated couple, respite care
couple or temporarily separated couple, any rent that the person’s partner
pays or is liable to pay in respect of the premises or lodgings occupied by the
person is to be treated as paid or payable by the person.
A person has a partner with a rent increased pension if:
(a) the partner is living with the person in their home; and
(b) the partner receives a social security pension, service pension or
income support supplement; and
(c) the rate of the pension or supplement is increased to take account of
rent paid or payable by the person.
Youth Allowance Rate Calculator
(1) If the rate of a person’s social security payment is to be
calculated in accordance with the Youth Allowance Rate Calculator, the
person’s partner has a rent increased benefit if the partner:
(a) is living with the person in their home; and
(b) either:
(i) is receiving a social security benefit the rate of which is increased
to take account of rent; or
(ii) would be receiving such a benefit but for the amount of the
person’s ordinary income reduction under point 1067G-H31.
Benefit Rate Calculator B
(2) If the rate of a person’s social security payment is to be
calculated in accordance with Benefit Rate Calculator B, the person’s
partner has a rent increased benefit if the partner:
(a) is living with the person in their home; and
(b) either:
(i) is receiving a social security benefit the rate of which is increased
to take account of rent; or
(ii) would be receiving such a benefit but for the amount of the
person’s ordinary income reduction under point 1068-G14.
Benefit PP (Partnered) Rate Calculator
(3) If the rate of a person’s social security payment is to be
calculated in accordance with the Benefit PP (Partnered) Rate Calculator, the
person’s partner has a rent increased benefit if the partner:
(a) is living with the person in their home; and
(b) either:
(i) is receiving a social security benefit the rate of which is increased
to take account of rent; or
(ii) would be receiving such a benefit but for the application of the
income test under Module H of the Youth Allowance Rate Calculator, Module D of
the Austudy Payment Rate Calculator, Module G of Benefit Rate Calculator B or
Module D of the Benefit PP (Partnered) Rate Calculator.
(1) If any of the following (the pre-indexation
amount):
(a) an amount in the table in any of sections 1070L to 1070R as
inserted by the Social Security Amendment (Further Simplification) Act
2003 (ignoring this section);
(b) the rent threshold amount in subsection 1070T(1) as so
inserted;
would have been different, assuming the pre-indexation amount had (ignoring
subsection 1192(5)) been indexed on 20 September 2003 and 20 March
2004 under Division 2 of Part 3.16 of this Act as amended by that Act,
then, for the purposes of this Act, the different amount is taken to have been
substituted for the pre-indexation amount in the table or subsection inserted by
that Act.
Note: As a result of the normal operation of Division 2
of Part 3.16, the amounts will then continue to be indexed in line with CPI
increases each 20 September and 20 March.
(2) The Minister must arrange for a copy of the tables in
sections 1070L to 1070R, and a statement of the rent threshold amount in
subsection 1070T(1), as affected by subsection (1) of this section to be
published in the Gazette as soon as reasonably practicable after the
commencement of this Part.
23 Subsection 1188F(8) (method statement,
paragraph (b) of step 4)
Omit “Table F in point 1068-F15”, substitute “the table
in section 1070Q”.
24 Subsection 1188F(9) (method statement,
paragraph (b) of step 6)
Omit “Table F in point 1068-F15”, substitute “the table
in section 1070Q”.
25 Section 1190 (table items 17, 17A, 18,
18AA, 18A and 18B)
Repeal the items, substitute:
|
17 |
Rent assistance Maximum rent assistance for social security payments |
MRA |
[Part 3.7—sections 1070L and 1070N to
1070R—Table—column 4—all amounts] [Part 3.7—section 1070M—Table—column
3—amount] |
|
18 |
Rent threshold amount |
RTA |
[Part 3.7—sections 1070L and 1070N to
1070R—Table—formulas in column 3—all amounts deducted from
fortnightly rent] [Part 3.7—section 1070M—Table—formula in column
2—amount deducted from fortnightly rent] [Part 3.7—subsection 1070T(1)—amount] |
26 Section 1191 (table items 11, 11A, 12,
12AA, 12A and 12B)
Repeal the items, substitute:
|
11 |
Rent assistance MRA |
(a) 20 March (b) 20 September |
(a) December (b) June |
highest June or December quarter before reference quarter (but not earlier
than June quarter 1979) |
$0.20 |
|
12 |
RTA |
(a) 20 March (b) 20 September |
(a) December (b) June |
highest June or December quarter before reference quarter (but not earlier
than June quarter 1979) |
$0.20 |
27 Subsection 1192(5)
Repeal the subsection, substitute:
(5) The first indexation of rent assistance under items 11 and 12 of
the CPI Indexation Table in subsection 1191(1) (being those items as substituted
by the Social Security Amendment (Further Simplification) Act 2003) is to
take place on 20 September 2004.
28 Paragraph 1210(1)(a)
Omit “the rent assistance Module of a Rate Calculator”,
substitute “Part 3.7 (rent assistance)”.
29 Paragraph 1210(1)(c)
Omit “the rent assistance Module”, substitute
“Part 3.7”.
30 Paragraph 1210(1)(d)
Omit “the rent assistance Module”, substitute
“Part 3.7”.
31 Subsection 1210(2) (column 3 of the
table)
Repeal the column.
32 Application
The amendments made by this Schedule apply in respect of instalment periods
beginning on or after 1 July 2004.
1 Subsection 5(1) (definition of homeless
person)
Repeal the definition.
2 Subsection 5(1) (definition of
independent)
Omit “and 3.5”, substitute “, 3.4A, 3.4B, 3.5 and
3.7”.
3 Subsection 5(1) (definition of independent
young person)
Repeal the definition.
4 Subsection 17(1) (at the end of the definition of
compensation affected payment)
Add:
; or (l) any of the following:
(i) an advance pharmaceutical allowance;
(ii) a telephone allowance, other than a telephone allowance payable to
the holder of a seniors health card;
(iii) an employment entry payment;
(iv) an education entry payment;
(v) a pensioner education supplement;
where, in order to be qualified for the allowance, payment or supplement,
a person must be receiving, or receiving at a particular time, another kind of
payment and that other kind of payment (the underlying compensation
affected payment) is a compensation affected payment to which any of
paragraphs (aa) to (k) applies; or
(m) a fares allowance, where:
(i) if subparagraph 1061ZAAA(1)(b)(i), (ii) or (iii) applies—the
allowance or payment (the underlying compensation affected
payment) mentioned in that subparagraph is a compensation affected
payment to which any of paragraphs (aa) to (k) of this definition applies;
or
(ii) if subparagraph 1061ZAAA(1)(b)(iv) applies—in order to be
qualified for the supplement mentioned in that subparagraph, a person must be
receiving another kind of payment and that other kind of payment (the
underlying compensation affected payment) is a compensation
affected payment to which any of paragraphs (aa) to (k) of this definition
applies; or
(n) a CDEP Scheme Participant Supplement, where the pension, payment or
allowance (the underlying compensation affected payment) mentioned
in paragraph 1188D(2)(a) is a compensation affected payment to which any of
paragraphs (aa) to (k) of this definition applies.
5 Subsection 19A(2) (definition of
independent)
Omit “and 3.5”, substitute “, 3.4A, 3.4B, 3.5 and
3.7”.
6 Point 1066A-B1 (cell at table item 1 of Table
B, column 2)
Repeal the cell, substitute:
|
|
Not a member of a couple and person: (a) is under 18 years of age; and (b) is not independent; and (c) is not living away from the person’s parental home because of a
medical condition of the person |
|
|
|
|
7 Point 1066A-B1 (cell at table item 2 of Table
B, column 2)
Repeal the cell, substitute:
|
|
Not a member of a couple and person: (a) is under 18 years of age; and (b) either: |
|
|
|
|
8 Point 1066A-B1 (cell at table item 3 of Table
B, column 2)
Repeal the cell, substitute:
|
|
Not a member of a couple and person: (a) has reached 18 years of age; and (b) is living at home of parent or parents; and (c) is not independent |
|
|
|
|
9 Point 1066A-B1 (cell at table item 4 of Table
B, column 2)
Repeal the cell, substitute:
|
|
Not a member of a couple and person: (a) has reached 18 years of age; and (b) either: |
|
|
|
|
10 Point 1066A-B1 (Table B, note
2)
Repeal the note, substitute:
Note 2: For dependent child and
independent see section 5.
11 Point 1066B-B1 (cell at table item 1 of
Table B, column 2)
Repeal the cell, substitute:
|
|
Not a member of a couple and person: (a) is under 18 years of age; and (b) is not independent; and (c) is not living away from the person’s parental home because of a
medical condition of the person |
|
|
|
|
12 Point 1066B-B1 (cell at table item 2 of
Table B, column 2)
Repeal the cell, substitute:
|
|
Not a member of a couple and person: (a) is under 18 years of age; and (b) either: |
|
|
|
|
13 Point 1066B-B1 (cell at table item 3 of
Table B, column 2)
Repeal the cell, substitute:
|
|
Not a member of a couple and person: (a) has reached 18 years of age; and (b) is living at home of parent or parents; and (c) is not independent |
|
|
|
|
14 Point 1066B-B1 (cell at table item 4 of
Table B, column 2)
Repeal the cell, substitute:
|
|
Not a member of a couple and person: (a) has reached 18 years of age; and (b) either: |
|
|
|
15 Point 1066B-B1 (Table B, note
2)
Repeal the note, substitute:
Note: For dependent child and
independent see section 5.
16 Subsection 1067(1) (definition of
independent, note)
Omit “Part 2.11”, substitute “Parts 2.11, 3.4A,
3.4B and 3.7”.
17 Subsection 1067A(1)
Omit “Part 2.11”, substitute “Parts 2.11, 3.4A,
3.4B and 3.7”
18 Subsection 1083(1)
Omit “receives”, substitute “earns, derives or
receives”.
19 Subsection 1083(2)
Omit “receives”, substitute “earns, derives or
receives”.
20 After subsection 1106(2) (before note
1)
Insert:
(3) Paragraph (1)(a) does not apply if:
(a) the source of the income is a deprived asset, or
(b) the income is earned, derived or received from a transaction involving
a deprived asset.
21 Section 1106 (note 1)
Omit “Note 1”, substitute “Note”.
22 Section 1106 (note 2)
Repeal the note.
23 Subsection 1109(1) (note 3)
Repeal the note.
24 Section 1110
Repeal the section.
25 Subsection 1118(1)
After “subparagraph 501E(1)(d)(iv)”, insert “,
Division 1B of Part 3.10”.
26 Subsection 1118(2)
After “this Act”, insert “(other than Division 1B of
Part 3.10)”.
27 Subsection 1118B(1)
After “subparagraph 263(1)(d)(iv)”, insert “,
Division 1B of Part 3.10”.
28 Subsection 1121(1)
After “this Act”, insert “(other than Division 1B of
Part 3.10)”.
29 Subsection 1124A(1) (note 3)
Repeal the note.
30 Subsection 1125(1) (note 3)
Repeal the note.
31 Subsection 1125A(1) (note 3)
Repeal the note.
32 Subsection 1126(1) (note 3)
Repeal the note.
33 Subsection 1126A(1) (note 3)
Repeal the note.
34 Subsection 1126B(1) (note 3)
Repeal the note.
35 After subsection 1161(6)
Insert:
(6A) Subject to section 1161A, this Part applies to a compensation
affected payment to which paragraph (l), (m) or (n) of the definition of
that expression in subsection 17(1) applies if:
(a) the compensation is received on or after 1 July 2004;
and
(b) either:
(i) if the compensation affected payment to which that paragraph applies
is one in respect of which a claim must be made for a person to be qualified for
the payment—a claim is made for the payment on or after 1 July 2004;
or
(ii) if the compensation affected payment to which that paragraph applies
is not one in respect of which a claim must be made for a person to be qualified
for the payment—the compensation affected payment is received on or after
1 July 2004.
36 After section 1161
Insert:
(1) For the purposes of this section:
(a) a reference to a supplementary compensation affected payment is a
reference to a compensation affected payment to which paragraph (l), (m) or
(n) of the definition of compensation affected payment in
subsection 17(1) applies; and
(b) a supplementary compensation affected payment relates to any
allowance, supplement, pension or payment of a kind that, in the applicable
paragraph of the definition of compensation affected payment in
subsection 17(1), is labelled as the underlying compensation affected
payment.
(2) Except as mentioned in this section, this Part does not apply to a
supplementary compensation affected payment.
(3) If:
(a) as a result of the operation of section 1169, any underlying
compensation affected payment to which a supplementary compensation affected
payment relates was not payable in relation to the day on which the
supplementary compensation affected payment was received; or
(b) as a result of the operation of section 1173 or 1174, the rate of
any underlying compensation affected payment to which a supplementary
compensation affected payment relates was reduced to nil in relation to the day
on which the supplementary compensation affected payment was received;
or
(c) the following conditions are satisfied:
(i) the rate of any of the compensation affected payments that would have
been made as mentioned in subparagraph 1181(1)(b)(ii) or (2)(d)(ii) or
1184A(2)(c)(ii) or (3)(d)(ii) is nil;
(ii) the compensation affected payment is an underlying compensation
affected payment to which a supplementary compensation affected payment
relates;
(iii) the underlying compensation affected payment was made in relation to
the day on which the supplementary compensation affected payment was received;
or
(d) an adverse determination mentioned in subsection 1184I(1) has the
effect that:
(i) any underlying compensation affected payment to which a supplementary
compensation affected payment relates is cancelled or suspended in relation to
the day on which the supplementary compensation affected payment was received;
or
(ii) the rate of any underlying compensation affected payment to which a
supplementary compensation affected payment relates is reduced to nil in
relation to the day on which the supplementary compensation affected payment was
received;
then:
(e) in any case—the supplementary compensation affected payment is
not payable; and
(f) if paragraph (d) applies—for the purposes of subsection
1184I(1), the amount of the supplementary compensation affected payment is taken
to be an amount that the person in relation to whom it was made is liable to pay
to the Commonwealth because of the determination.
(4) If:
(a) any of:
(i) the payments of the compensation affected payment mentioned in
paragraph 1179(b); or
(ii) the compensation affected payments mentioned in paragraph
1184A(1)(a);
is an underlying compensation affected payment to which a supplementary
compensation affected payment relates; and
(b) the underlying compensation affected payment was made in relation to
the day on which the supplementary compensation affected payment was
received;
then the sum mentioned in that paragraph is increased by the amount of the
supplementary compensation affected payment.
(5) If:
(a) the rate of any of the compensation affected payments that would have
been made as mentioned in subparagraph 1181(1)(b)(ii) or (2)(d)(ii) or
1184A(2)(c)(ii) or (3)(d)(ii) is nil; and
(b) the compensation affected payment is an underlying compensation
affected payment to which a supplementary compensation affected payment relates;
and
(c) the underlying compensation affected payment was made in relation to
the day on which the supplementary compensation affected payment was
received;
then the difference mentioned in paragraph 1181(1)(b) or (2)(d) or
1184A(2)(c) or (3)(d) is increased by the amount of the supplementary
compensation affected payment.
(6) If a compensation affected payment that would have been reduced as
mentioned in subsection 1184A(4):
(a) would have been reduced to nil; and
(b) is an underlying compensation affected payment to which a
supplementary compensation affected payment relates; and
(c) was received in relation to the day on which the supplementary
compensation affected payment was received;
then the recoverable amount mentioned in subsection 1184A(4) is increased
by the amount of the supplementary compensation affected payment, but only to
the extent that the sum of all increases under this subsection in relation to
the periodic compensation payments does not exceed the sum of the amounts of
those payments.
37 Application
The amendments made by items 1 to 3 and 5 to 17 of this Schedule
apply in respect of instalment periods beginning on and after 1 July
2004.
