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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Social Security Amendment (Diabetes
Support) Bill 2016
No. , 2016
(Senator Muir)
A Bill for an Act to amend the Social Security Act
1991, and for related purposes
No. , 2016
Social Security Amendment (Diabetes Support) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
7
No. , 2016
Social Security Amendment (Diabetes Support) Bill 2016
1
A Bill for an Act to amend the Social Security Act
1
1991, 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 (Diabetes
5
Support) Act 2016.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Social Security Amendment (Diabetes Support) Bill 2016
No. , 2016
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
1 July 2016.
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 Schedules
7
Legislation 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repealed as set out in the applicable items in the Schedule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
Amendments Schedule 1
No. , 2016
Social Security Amendment (Diabetes Support) Bill 2016
3
Schedule 1--Amendments
1
2
3
Social Security Act 1991
4
1 Subsection 6A(1) (definition of automatic issue health care
5
card)
6
Omit "Subdivision A", substitute "Subdivision A or AA".
7
2 Subdivision A of Division 3 of Part 2A.1 (heading)
8
Repeal the heading, substitute:
9
Subdivision A--Qualification for automatic issue health care
10
card: general
11
3 After Subdivision A of Division 3 of Part 2A.1
12
Insert:
13
Subdivision AA--Qualification for automatic issue health care
14
card: diabetes-affected person
15
1061ZNB Qualification for health care card: diabetes-affected
16
person
17
(1) A person is qualified for a health care card on a day if, on that day:
18
(a) either:
19
(i) the person suffers from Diabetes Mellitus Type 1; or
20
(ii) the person has a dependent child who suffers from
21
Diabetes Mellitus Type 1; and
22
(b) the ordinary income of the person for the immediately
23
preceding financial year does not exceed:
24
(i) if the person is a member of a couple--$176,000; and
25
(ii) otherwise--$88,000.
26
Note 1:
A person's ordinary income for a period is calculated in accordance
27
with Part 3.10.
28
Note 2:
The amounts specified in paragraph (1)(b) are indexed in line with
29
CPI increases (see section 1190 to 1194).
30
Schedule 1 Amendments
4
Social Security Amendment (Diabetes Support) Bill 2016
No. , 2016
(2) However, despite any other provision in this Act, the
1
Administration Act, or any other law of the Commonwealth, a
2
State or a Territory, if:
3
(a) a person is qualified for a health care card because of
4
subsection (1); and
5
(b) the person is not otherwise qualified for a health care card
6
under this Act;
7
the person is only entitled to any associated benefits and
8
concessions to the extent to which they are directly related to the
9
treatment or management of diabetes for the diabetes sufferer.
10
(3) In this section:
11
associated benefits and concessions means any benefits or
12
concessions, whether under this Act or otherwise, to which the
13
holder of a health care card is entitled to only because the person is
14
the holder of a health care card.
15
diabetes sufferer means:
16
(a) the person suffering from Diabetes Mellitus Type 1 referred
17
to in subparagraph (1)(a)(i); or
18
(b) the dependent child suffering from Diabetes Mellitus Type 1
19
referred to in subparagraph (1)(a)(ii).
20
directly related to the treatment or management of diabetes:
21
(a) in relation to a service--means a service provided by the
22
following, to the extent to which the services is for the
23
purposes of treating or managing diabetes or a
24
diabetes-related issued:
25
(i) a medical practitioner;
26
(ii) a service provided by a diabetes educator;
27
(iii) a service provided by an exercise physiologist;
28
(iv) a service provided by a physiotherapist;
29
(v) a service provided by a podiatrist;
30
(vi) another service provider where a medical practitioner
31
responsible for the treatment of the diabetes sufferer has
32
referred the diabetes sufferer to the provider for the
33
purposes of treatment or management of diabetes; and
34
(b) in relation to a good--means the following:
35
(i) any good related to the administration of insulin;
36
Amendments Schedule 1
No. , 2016
Social Security Amendment (Diabetes Support) Bill 2016
5
(ii) another good where a medical practitioner responsible
1
for the treatment of the diabetes sufferer has
2
recommended that the diabetes sufferer use the good for
3
the purposes of treatment or management of diabetes.
4
(4) This section has effect subject to section 1061ZNC.
5
1061ZNC Residence requirements
6
(1) Section 1061ZNB only has effect in relation to a person on a day
7
on which:
8
(a) the person is in Australia and is:
9
(i) an Australian resident or a special category visa holder
10
residing in Australia; or
11
(ii) the holder of a visa included in a class of visas
12
determined by the Minister for the purposes of this
13
paragraph; or
14
(iii) a person declared by the Minister to be a person to
15
whom this subparagraph applies; or
16
(b) the person:
17
(i) is in Australia; and
18
(ii) is receiving a social security pension or social security
19
benefit solely because of the operation of the scheduled
20
international agreement between Australia and New
21
Zealand.
22
Note:
If the person is temporarily absent from Australia, the person
23
continues to be qualified for a health care card for a maximum period
24
of up to 6 weeks (see Division 4).
25
(2) The Minister may, by legislative instrument, declare that a person
26
who:
27
(a) is included in a specified class of persons; and
28
(b) is, or has been, in Australia in specified circumstances;
29
is a person to whom subparagraph (1)(a)(iii) applies.
30
(3) The circumstances that may be specified in a declaration under
31
subsection (2) include circumstances that existed or exist at any
32
time before or after the making of the declaration.
33
Schedule 1 Amendments
6
Social Security Amendment (Diabetes Support) Bill 2016
No. , 2016
1061ZND Effect of compliance penalty periods
1
(1) For the purposes of this Subdivision, a person is taken to have been
2
receiving, or to be receiving, a social security pension or social
3
security benefit if the person would have been receiving, or would
4
be receiving, the pension or benefit except for the application of a
5
compliance penalty period.
6
Note:
For compliance penalty period see subsection 23(1).
7
(2) For the purposes of this Subdivision, a person is taken to have
8
ceased to receive a social security pension or social security benefit
9
if:
10
(a) the person would have ceased to receive the pension or
11
benefit if the person had been receiving it; and
12
(b) the person had not been receiving the pension or benefit
13
because of the application of a compliance penalty period.
14
Note:
For compliance penalty period see subsection 23(1).
15
4 Section 1071A
16
At the end of the section, add "(other than Subdivision AA)".
17
5 Section 1190 (at the end of the table)
18
Add:
19
20
Ordinary income
limit for health care
card qualification
(diabetes-affected
person)
72.
Ordinary income limit
for qualification for a
health care card for a
diabetes-affected
person who is not a
member of a couple
HCC "single" income
limit
[subparagraph 1061ZN
B(1)(b)(ii)]
73.
Ordinary income limit
for qualification for a
health care card for a
diabetes-affected
person who is a
HCC "partnered"
income limit
[subparagraph 1061ZN
B(1)(b)(i)]
Amendments Schedule 1
No. , 2016
Social Security Amendment (Diabetes Support) Bill 2016
7
member of a couple
6 Subsection 1191(1) (at the end of the table)
1
Add:
2
3
Ordinary
income limit
for health
care card
qualification
(diabetes-affe
cted person)
44.
HCC "single"
income limit
1 July
December
most recent
December
quarter
before
reference
quarter
$1.00
45.
HCC
"partnered"
income limit
1 July
December
most recent
December
quarter
before
reference
quarter
$1.00
4
7 At the end of section 1192
5
Add:
6
(11) The first indexation of amounts under items 44 and 45 of the CPI
7
Indexation Table in subsection 1191(1) is to take place on 1 July
8
2016.
9
Social Security (Administration) Act 1999
10
8 Section 242
11
Before "Payments", insert "(1)".
12
9 At the end of section 242
13
Add:
14
Schedule 1 Amendments
8
Social Security Amendment (Diabetes Support) Bill 2016
No. , 2016
(2) Despite subsection (1), a payment under the social security law that
1
is payable by the Commonwealth as a result of the amendments
2
made by Schedule 1 to the Social Security Amendment (Diabetes
3
Support) Act 2016 is to funded out of money appropriated by the
4
Parliament for the purposes of such a payment.
5