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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Housing Affordability) Bill 2017
No. , 2017
(Social Services)
A Bill for an Act to amend the law relating to social
security, family assistance and rental affordability,
and for related purposes
No. , 2017
Social Services Legislation Amendment (Housing Affordability) Bill
2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Social security amendments
3
Part 1--Main amendments
3
Social Security (Administration) Act 1999
3
Part 2--Consequential amendments
16
Social Security Act 1991
16
Schedule 2--Family assistance amendments
17
A New Tax System (Family Assistance) (Administration) Act 1999
17
Schedule 3--National rental affordability scheme amendments
27
National Rental Affordability Scheme Act 2008
27
No. , 2017
Social Services Legislation Amendment (Housing Affordability) Bill
2017
1
A Bill for an Act to amend the law relating to social
1
security, family assistance and rental affordability,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Social Services Legislation Amendment (Housing
6
Affordability) Act 2017.
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 Legislation Amendment (Housing Affordability) Bill
2017
No. , 2017
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. Schedules 1
and 2
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 March 2018.
3. Schedule 3,
items 1 and 2
1 May 2018.
1 May 2018
4. Schedule 3,
item 3
The day after this Act receives the Royal
Assent.
5. Schedule 3,
item 4
1 May 2018.
1 May 2018
6. Schedule 3,
item 5
The day after this Act receives the Royal
Assent.
7. Schedule 3,
item 6
1 May 2018.
1 May 2018
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
Social security amendments Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Housing Affordability) Bill
2017
3
Schedule 1--Social security amendments
1
Part 1--Main amendments
2
Social Security (Administration) Act 1999
3
1 Paragraph 60(2)(aa)
4
Omit "and 3D", substitute ", 3D and 3E".
5
2 Section 123TC (subparagraph (a)(i) of the definition of net
6
amount)
7
After "section 61", insert ", 124QG".
8
3 Section 123TC (subparagraph (a)(iii) of the definition of net
9
amount)
10
After "section", insert "67E,".
11
4 Paragraph 123TH(1)(h)
12
Repeal the paragraph, substitute:
13
(h) household utilities;
14
5 Subsection 124PL(3) (paragraph (a) of the definition of
15
balance of the restricted portion of the restrictable
16
payment)
17
After "61A", insert ", 124QG".
18
6 Subsection 124PL(3) (paragraph (c) of the definition of
19
balance of the restricted portion of the restrictable
20
payment)
21
After "section", insert "67E,".
22
7 Section 124PM
23
Repeal the section, substitute:
24
Schedule 1 Social security amendments
Part 1 Main amendments
4
Social Services Legislation Amendment (Housing Affordability) Bill
2017
No. , 2017
124PM Recipient's use of funds from restrictable payments
1
A person who receives a restrictable payment may use the
2
restricted portion of the payment, as paid under
3
subsection 124PL(2), to purchase goods or services, other than
4
alcoholic beverages or gambling.
5
8 After Part 3D
6
Insert:
7
Part 3E--Automatic deductions of rent or other
8
household payments
9
Division 1--Introduction
10
124Q Simplified outline of this Part
11
This Part allows a deduction to be made from certain welfare
12
payments payable to a social housing tenant who is liable to pay
13
rent to a social housing lessor in relation to premises.
14
A social housing lessor may request the Secretary to make a
15
deduction:
16
(a)
to satisfy an ongoing or outstanding obligation of the
17
social housing tenant for rent, household utilities or
18
both; or
19
(b)
to compensate for loss of, or damage to, property,
20
arising as a result of the tenant's occupancy of premises
21
let by the lessor.
22
If a deduction is made, the Secretary must pay the amount
23
deducted to the social housing lessor (which reduces the liability to
24
the lessor accordingly).
25
124QA Object of this Part
26
The object of this Part is to provide for automatic deductions from
27
certain welfare payments for rent or household utilities, or loss of
28
Social security amendments Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Housing Affordability) Bill
2017
5
or damage to property arising as a result of occupancy of premises,
1
so as to:
2
(a) reduce homelessness; and
3
(b) ensure financial effectiveness and sustainability of the social
4
housing system; and
5
(c) support greater investment in social housing.
6
124QB Divertible welfare payment
7
(1) For the purposes of this Part, a divertible welfare payment is a
8
social security payment or a payment under the scheme known as
9
the ABSTUDY scheme that:
10
(a) is payable (except as an advance) to a particular person; and
11
(b) is not:
12
(i) an Australian Victim of Terrorism Overseas Payment;
13
or
14
(ii) a Disaster Recovery Allowance; or
15
(iii) a student start-up loan; or
16
(iv) an ABSTUDY student start-up loan under the Student
17
Assistance Act 1973; or
18
(v) of a kind determined in an instrument under
19
subsection (2).
20
(2) The Minister may, by legislative instrument, determine that one or
21
more kinds of payments are not divertible welfare payments.
22
124QC Social housing lessor
23
(1) For the purposes of this Part, a social housing lessor is:
24
(a) an authority of a State or Territory:
25
(i) that provides social housing in the State or Territory;
26
and
27
(ii) that has a written agreement with the Human Services
28
Department relating to the authority's ability to request
29
deductions under this Part; or
30
(b) a body:
31
(i) that provides social housing in a State or Territory, is
32
approved to do so by the State or Territory, and the
33
Schedule 1 Social security amendments
Part 1 Main amendments
6
Social Services Legislation Amendment (Housing Affordability) Bill
2017
No. , 2017
approval has been notified, in writing, to the Chief
1
Executive Centrelink; and
2
(ii) that has a written agreement with the Human Services
3
Department relating to the body's ability to request
4
deductions under this Part;
5
unless a determination made under subsection (2) applies in
6
relation to the authority or body.
7
(2) The Minister may, by written instrument, determine that a
8
specified authority or body may not be a social housing lessor.
9
(3) A determination made under subsection (2) is not a legislative
10
instrument.
11
124QD Social housing tenant
12
For the purposes of this Part, a social housing tenant is a person:
13
(a) who is 18 or older; and
14
(b) who pays, or is liable to pay, rent in relation to premises let
15
by a social housing lessor, whether or not the person is
16
named in an agreement (however described) with the lessor
17
for occupancy of the premises.
18
Note:
For the meaning of rent, see section 13 of the 1991 Act.
19
124QE Part binds the Crown
20
This Part binds the Crown in each of its capacities.
21
Division 2--Deductions from divertible welfare payments
22
124QF Social housing lessor may request deduction
23
(1) A social housing lessor may request the Secretary to make a
24
deduction from a divertible welfare payment payable to a social
25
housing tenant if:
26
(a) both of the following apply:
27
(i) the tenant has an ongoing or outstanding obligation to
28
pay an amount for rent, household utilities, or both, in
29
relation to the tenant's occupancy of premises let by the
30
lessor;
31
Social security amendments Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Housing Affordability) Bill
2017
7
(ii) the tenant's agreement with the lessor for occupancy of
1
the premises, or another written agreement with the
2
lessor, authorises the lessor to make requests under this
3
Part for deductions from divertible welfare payments
4
payable to the tenant; or
5
(b) the tenant is to pay to the lessor an amount for loss of, or
6
damage to, property, as a result of the tenant's occupancy of
7
premises let by the lessor so as to comply with an order of a
8
court, or of a tribunal or other body that has the power to
9
make orders, and either:
10
(i) the period for appealing against the order ends without
11
an appeal being made; or
12
(ii) if an appeal is made against the order--the appeal is
13
finally determined or otherwise disposed of; or
14
(c) the tenant agrees, in writing, to pay to the lessor an amount
15
for loss of, or damage to, property, as a result of the tenant's
16
occupancy of premises let by the lessor.
17
(2) For the purposes of subsection (1), it does not matter whether the
18
obligation arose, or the order was made, before, on or after the
19
commencement of this section.
20
Content of request
21
(3) The social housing lessor's request must specify:
22
(a) the amount to be deducted from the divertible welfare
23
payment payable to the social housing tenant, which must not
24
be more than that required to satisfy:
25
(i) rent, household utilities or both payable by the tenant;
26
and
27
(ii) an outstanding payment of rent, household utilities or
28
both payable by the tenant; and
29
(iii) an order mentioned in paragraph (1)(b); and
30
(iv) an amount agreed, as mentioned in paragraph (1)(c); and
31
(b) the date from which deductions are to be made.
32
Amendment of request
33
(4) The social housing lessor may amend the request to specify a
34
different amount to be deducted from the divertible welfare
35
Schedule 1 Social security amendments
Part 1 Main amendments
8
Social Services Legislation Amendment (Housing Affordability) Bill
2017
No. , 2017
payment. An amended request must satisfy the requirements of
1
subsection (3).
2
Way of giving requests and amendments
3
(5) To be effective, the social housing lessor must give the request,
4
and any amendment of the request, to the Secretary in a way
5
approved by the Secretary. The Secretary may approve a way of
6
giving requests and the same or a different way of giving
7
amendments.
8
124QG Secretary may make deduction
9
(1) The Secretary may make a deduction, from a divertible welfare
10
payment payable to a social housing tenant, if a request is made by
11
a social housing lessor under section 124QF in relation to the
12
tenant.
13
When a deduction must not be made
14
(2) However, the Secretary must not make a deduction:
15
(a) after any of the following events occur:
16
(i) the request is revoked;
17
(ii) the Secretary is notified under section 124QI that the
18
tenant ceases to be a social housing tenant in relation to
19
the social housing lessor;
20
(iii) the Secretary is notified under section 124QI that the
21
lessor of premises for the tenant ceases to be a social
22
housing lessor; or
23
(b) at any time the tenant is covered by a determination under
24
subsection (3).
25
(3) The Minister may, by legislative instrument, determine that
26
deductions must not be made from divertible welfare payments
27
payable to specified social housing tenants.
28
Note:
For specification by class, see subsection 13(3) of the Legislation Act
29
2003.
30
Social security amendments Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Housing Affordability) Bill
2017
9
Notifying when a deduction is not made
1
(4) If the Secretary does not make a deduction in accordance with a
2
request made by a social housing lessor under section 124QF, the
3
Secretary must give written notice to the lessor of that fact.
4
Deductions may resume when suspension of payments ends
5
(5) If a divertible welfare payment payable to a social housing tenant
6
is suspended under this Act but such payments subsequently
7
resume, the Secretary may deduct any amounts that would
8
otherwise have been deducted under this Part during the period of
9
suspension from payments paid to the tenant after the suspension
10
ends.
11
124QH Amount of deduction
12
(1) The Secretary is to determine the amount of a deduction under
13
section 124QG that is to be made from a particular divertible
14
welfare payment payable to a social housing tenant.
15
(2) The amount of a deduction determined by the Secretary, in relation
16
to a divertible welfare payment payable to a social housing tenant,
17
must not exceed either of the following:
18
(a) the amount specified in a request made under section 124QF
19
in relation to the tenant;
20
(b) the amount of the divertible welfare payment remaining after
21
all deductions (if any) specifically required by a law of the
22
Commonwealth (other than this Part) are made.
23
124QI Notifications by social housing lessors
24
Revocation of requests
25
(1) A social housing lessor may revoke a request made under
26
section 124QF by giving notice to the Secretary in a way approved
27
by the Secretary.
28
Notice of person ceasing to be tenant of social housing lessor
29
(2) If a request is made under section 124QF in relation to a person
30
and the person ceases to be social housing tenant in relation to a
31
Schedule 1 Social security amendments
Part 1 Main amendments
10
Social Services Legislation Amendment (Housing Affordability) Bill
2017
No. , 2017
social housing lessor, the lessor must notify the Secretary of that
1
fact as soon as practicable after the person so ceases to be a tenant.
2
Notice of lessor ceasing to be social housing lessor
3
(3) If an authority or body ceases to be a social housing lessor (other
4
than because of subsection 124QC(2)), the authority or body must
5
notify the Secretary of that fact as soon as practicable after so
6
ceasing to be a social housing lessor.
7
Way of giving notices
8
(4) A notification under subsection (2) or (3) must be given in a way
9
approved by the Secretary.
10
Division 3--Treatment of amounts deducted
11
124QJ Application of Division
12
This Division applies if under Division 2 the Secretary deducts an
13
amount from a divertible welfare payment payable to a social
14
housing tenant.
15
124QK Secretary must pay amount to social housing lessor
16
The Secretary must pay the amount to the social housing lessor.
17
124QL Deduction reduces liability to social housing lessor
18
(1) If:
19
(a) the Secretary pays the amount to the social housing lessor;
20
and
21
(b) the amount, or a part of the amount, relates to a particular
22
liability;
23
then, the liability is discharged to the extent of the amount or the
24
part of the amount, as the case requires.
25
(2) This section applies to a liability even if the amount of the liability
26
is not yet due and payable.
27
Social security amendments Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Housing Affordability) Bill
2017
11
(3) This section does not apply (and is taken never to have applied) to
1
reduce a liability by so much of an amount paid to the social
2
housing lessor as gives rise under Division 4 to a debt due to the
3
Commonwealth by the lessor.
4
124QM Social housing tenant taken to be paid amount deducted
5
(1) Subject to section 124QO, the social housing tenant is taken to
6
have been paid the amount deducted, at the time the divertible
7
welfare payment was paid (or would have been paid apart from the
8
deduction).
9
(2) Subsection (1) has effect for the purposes of all laws of the
10
Commonwealth, except any law of the Commonwealth specified in
11
an instrument under subsection (4).
12
(3) To avoid doubt, subsection (1) has effect whether or not the
13
Secretary paid the amount to the social housing lessor.
14
(4) The Minister may, by legislative instrument, make a determination
15
specifying a law of the Commonwealth for the purposes of
16
subsection (2).
17
Division 4--Overpayments to social housing lessors
18
124QN Overpayment--payment to lessor exceeds deduction
19
properly made
20
(1) This section applies if:
21
(a) the Secretary pays an amount to a social housing lessor
22
purportedly under Division 3 in connection with a deduction
23
the Secretary properly made under Division 2; and
24
(b) the amount paid to the lessor exceeds the deduction.
25
(2) The excess is a debt due to the Commonwealth by the social
26
housing lessor.
27
Note:
For debt recovery, see section 124QP.
28
Schedule 1 Social security amendments
Part 1 Main amendments
12
Social Services Legislation Amendment (Housing Affordability) Bill
2017
No. , 2017
124QO Overpayment--payment to lessor and deduction not
1
properly made
2
(1) This section applies if:
3
(a) under Division 3 the Secretary pays a social housing lessor
4
the amount of a deduction from a divertible welfare payment
5
payable to a social housing tenant; and
6
(b) the deduction exceeded the amount (which may be a nil
7
amount) determined by the Secretary under section 124QH.
8
(2) The amount the social housing tenant is taken to have been paid
9
under subsection 124QM(1) is reduced by the excess.
10
Debt
11
(3) The excess is a debt due to the Commonwealth by the social
12
housing lessor.
13
Note:
For debt recovery, see section 124QP.
14
Payment to social housing tenant
15
(4) The Secretary must pay the social housing tenant an amount equal
16
to the excess, whether or not the Commonwealth recovers the debt.
17
The amount is taken to be a payment of the divertible welfare
18
payment.
19
(5) However, the Secretary must not pay the social housing tenant an
20
amount under subsection (4) to the extent that the sum of that
21
amount, and of the amount that should have been deducted, would
22
exceed the amount of the divertible welfare payment that was
23
payable to the tenant apart from this Part.
24
(6) Subsection (4) has effect for the purposes of all laws of the
25
Commonwealth, except any law of the Commonwealth specified in
26
an instrument under subsection (7).
27
(7) The Minister may, by legislative instrument, make a determination
28
specifying a law of the Commonwealth for the purposes of
29
subsection (6).
30
Social security amendments Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Housing Affordability) Bill
2017
13
124QP Debt recovery
1
Set-off
2
(1) The Secretary may set off an amount payable to a social housing
3
lessor under Division 3 against a debt due to the Commonwealth
4
by the lessor under this Division.
5
Legal proceedings
6
(2) A debt due to the Commonwealth under this Division is
7
recoverable by the Commonwealth in a court of competent
8
jurisdiction.
9
Note:
For other action relating to debts, see also Part 5.4 of the 1991 Act.
10
124QQ No time limit on debt recovery action
11
For the purposes of this Part, legal proceedings, or any action
12
under a provision of this Part, for the recovery of a debt or
13
overpayment may be commenced or taken at any time.
14
Division 5--Fees
15
124QR Fees
16
The Secretary may, on behalf of the Commonwealth, charge a
17
social housing lessor fees for any of the following:
18
(a) deducting amounts under Division 2 in accordance with
19
requests made by the lessor;
20
(b) paying the lessor amounts under Division 3;
21
(c) services provided to the lessor in relation to the
22
administration of this Part.
23
9 Section 124Q (heading) (the heading to section 124Q as
24
that section was renumbered by item 7 of Schedule 1 to
25
the Social Sec
urity and Veterans' Entitlements
26
Legislation Amendment (Schooling Requirements) Act
27
2008)
28
Repeal the heading, substitute:
29
Schedule 1 Social security amendments
Part 1 Main amendments
14
Social Services Legislation Amendment (Housing Affordability) Bill
2017
No. , 2017
124U Application of Part to decisions under repealed laws
1
10 After subsection 127(3)
2
Insert:
3
(3A) The Secretary may not review a decision to make a determination
4
under subsection 124QC(2) (about whether an authority or body is
5
a social housing lessor).
6
11 After paragraph 129(4)(d)
7
Insert:
8
(daa) a decision to make a determination under subsection 124QC(2)
9
(about whether an authority or body is a social housing lessor); or
10
12 At the end of paragraph 192(db)
11
Add "or 3E".
12
13 After paragraph 195(1)(cc)
13
Insert:
14
(cd) to facilitate the administration of Part 3E (automatic
15
deductions of rent or other household payments);
16
14 At the end of subsection 195(2)
17
Add:
18
; (m) for the purposes of Part 3E (automatic deductions of rent or
19
other household payments), in relation to a social housing
20
lessor--evidence to support a request made by the social
21
housing lessor under section 124QF.
22
15 Subclause 1(1) of Schedule 1
23
Insert:
24
divertible welfare payment has the meaning given by
25
section 124QB.
26
household utilities includes the following:
27
(a) electricity;
28
(b) gas;
29
Social security amendments Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Housing Affordability) Bill
2017
15
(c) water;
1
(d) sewerage;
2
(e) garbage collection;
3
(f) fixed-line telephone.
4
social housing lessor has the meaning given by section 124QC.
5
social housing tenant has the meaning given by section 124QD.
6
Schedule 1 Social security amendments
Part 2 Consequential amendments
16
Social Services Legislation Amendment (Housing Affordability) Bill
2017
No. , 2017
Part 2--Consequential amendments
1
Social Security Act 1991
2
16 After paragraph 1235(c)
3
Insert:
4
(ca) a debt due by a social housing lessor under Division 4 of
5
Part 3E of the Administration Act; or
6
17 Subsection 1237AB(1)
7
Omit "or 3D", substitute ", 3D or 3E".
8
Family assistance amendments Schedule 2
No. , 2017
Social Services Legislation Amendment (Housing Affordability) Bill
2017
17
Schedule 2--Family assistance amendments
1
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 Subsection 3(1)
5
Insert:
6
household utilities includes the following:
7
(a) electricity;
8
(b) gas;
9
(c) water;
10
(d) sewerage;
11
(e) garbage collection;
12
(f) fixed-line telephone.
13
social housing lessor means an authority or body that is a social
14
housing lessor for the purposes of Part 3E of the Social Security
15
(Administration) Act 1999.
16
social housing tenant has the same meaning as in the Social
17
Security (Administration) Act 1999.
18
2 Subsections 23(6), 24(4) and 24A(2)
19
Omit "Part 4", substitute "Parts 3A and 4".
20
3 After paragraph 66(2)(ab)
21
Insert:
22
(ac) Part 3A (about automatic deductions from family tax benefit
23
to pay rent or household utilities); and
24
4 Paragraph 66(2)(g)
25
Omit "and 3D", substitute ", 3D and 3E".
26
5 After Part 3
27
Insert:
28
Schedule 2 Family assistance amendments
18
Social Services Legislation Amendment (Housing Affordability) Bill
2017
No. , 2017
Part 3A--Automatic deductions of rent or other
1
household payments
2
Division 1--Introduction
3
67A Simplified outline of this Part
4
This Part allows a deduction to be made from family tax benefit
5
payable to a social housing tenant who is liable to pay rent to a
6
social housing lessor in relation to premises.
7
A social housing lessor may request the Secretary to make a
8
deduction:
9
(a)
to satisfy an ongoing or outstanding obligation of the
10
social housing tenant for rent, household utilities or
11
both; or
12
(b)
to compensate for loss of, or damage to, property,
13
arising as a result of the tenant's occupancy of premises
14
let by the lessor.
15
If a deduction is made, the Secretary must pay the amount
16
deducted to the social housing lessor (which reduces the liability to
17
the lessor accordingly).
18
67B Object of this Part
19
The object of this Part is to provide for automatic deductions from
20
family tax benefit for rent or household utilities, or loss of or
21
damage to property arising as a result of occupancy of premises, so
22
as to:
23
(a) reduce homelessness; and
24
(b) ensure financial effectiveness and sustainability of the social
25
housing system; and
26
(c) support greater investment in social housing.
27
67C Part binds the Crown
28
This Part binds the Crown in each of its capacities.
29
Family assistance amendments Schedule 2
No. , 2017
Social Services Legislation Amendment (Housing Affordability) Bill
2017
19
Division 2--Deductions from family tax benefit payments
1
67D Social housing lessor may request deduction
2
(1) A social housing lessor may request the Secretary to make a
3
deduction from family tax benefit (other than family tax benefit
4
advance), whether an instalment or other payment, payable to a
5
social housing tenant if:
6
(a) both of the following apply:
7
(i) the tenant has an ongoing or outstanding obligation to
8
pay an amount for rent, household utilities, or both, in
9
relation to the tenant's occupancy of premises let by the
10
lessor;
11
(ii) the tenant's agreement with the lessor for occupancy of
12
the premises, or another written agreement with the
13
lessor, authorises the lessor to make requests under this
14
Part for deductions from family tax benefit payable to
15
the tenant; or
16
(b) the tenant is to pay to the lessor an amount for loss of, or
17
damage to, property, as a result of the tenant's occupancy of
18
premises let by the lessor so as to comply with an order of a
19
court, or of a tribunal or other body that has the power to
20
make orders, and either:
21
(i) the period for appealing against the order ends without
22
an appeal being made; or
23
(ii) if an appeal is made against the order--the appeal is
24
finally determined or otherwise disposed of; or
25
(c) the tenant agrees, in writing, to pay to the lessor an amount
26
for loss of, or damage to, property, as a result of the tenant's
27
occupancy of premises let by the lessor.
28
(2) For the purposes of subsection (1), it does not matter whether the
29
obligation arose, or the order was made, before, on or after the
30
commencement of this section.
31
Content of request
32
(3) The social housing lessor's request must specify:
33
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(a) the amount to be deducted from family tax benefit payable to
1
the social housing tenant, which must not be more than that
2
required to satisfy:
3
(i) rent, household utilities or both payable by the tenant;
4
and
5
(ii) an outstanding payment of rent, household utilities or
6
both payable by the tenant; and
7
(iii) an order mentioned in paragraph (1)(b); and
8
(iv) an amount agreed, as mentioned in paragraph (1)(c); and
9
(b) the date from which deductions are to be made.
10
Amendment of request
11
(4) The social housing lessor may amend the request to specify a
12
different amount to be deducted from family tax benefit. An
13
amended request must satisfy the requirements of subsection (3).
14
Way of giving requests and amendments
15
(5) To be effective, the social housing lessor must give the request,
16
and any amendment of the request, to the Secretary in a way
17
approved by the Secretary. The Secretary may approve a way of
18
giving requests and the same or a different way of giving
19
amendments.
20
67E Secretary may make deduction
21
(1) The Secretary may make a deduction, from family tax benefit
22
payable to a social housing tenant, if a request is made by a social
23
housing lessor under section 67D in relation to the tenant.
24
When a deduction must not be made
25
(2) However, the Secretary must not make a deduction:
26
(a) after any of the following events occur:
27
(i) the request is revoked;
28
(ii) the Secretary is notified under section 67G that the
29
tenant ceases to be a social housing tenant in relation to
30
the social housing lessor;
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(iii) the Secretary is notified under section 67G that the
1
lessor of premises for the tenant ceases to be a social
2
housing lessor; or
3
(b) at any time the tenant is covered by a determination under
4
subsection (3).
5
(3) The Minister may, by legislative instrument, determine that
6
deductions must not be made from family tax benefit payable to
7
specified social housing tenants.
8
Note:
For specification by class, see subsection 13(3) of the Legislation Act
9
2003.
10
Notifying when a deduction is not made
11
(4) If the Secretary does not make a deduction in accordance with a
12
request made by a social housing lessor under section 67D, the
13
Secretary must give written notice to the lessor of that fact.
14
67F Amount of deduction
15
(1) The Secretary is to determine the amount of a deduction under
16
section 67E that is to be made from family tax benefit payable to a
17
social housing tenant.
18
(2) The amount the Secretary may deduct under section 67E, from
19
family tax benefit payable to a social housing tenant, must not
20
exceed either of the following:
21
(a) the amount specified in the request made under section 67D
22
in relation to the tenant;
23
(b) the amount of family tax benefit remaining after all
24
deductions (if any) specifically required by a law of the
25
Commonwealth (other than this Part) are made.
26
67G Notifications by social housing lessors
27
Revocation of requests
28
(1) A social housing lessor may revoke a request made under
29
section 67D by giving notice to the Secretary in a way approved by
30
the Secretary.
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Notice of person ceasing to be tenant of social housing lessor
1
(2) If a request is made under section 67D in relation to a person and
2
the person ceases to be a social housing tenant in relation to a
3
social housing lessor, the lessor must notify the Secretary of that
4
fact as soon as practicable after the person so ceases to be a tenant.
5
Notice of lessor ceasing to be social housing lessor
6
(3) If an authority or body ceases to be a social housing lessor (other
7
than because of subsection 124QC(2) of the Social Security
8
(Administration) Act 1999), the authority or body must notify the
9
Secretary of that fact as soon as practicable after so ceasing to be a
10
social housing lessor.
11
Way of giving notices
12
(4) A notification under subsection (2) or (3) must be given in a way
13
approved by the Secretary.
14
Division 3--Treatment of amounts deducted
15
67H Application of Division
16
This Division applies if under Division 2 the Secretary deducts an
17
amount from family tax benefit payable to a social housing tenant.
18
67J Secretary must pay amount to social housing lessor
19
The Secretary must pay the amount to the social housing lessor.
20
67K Deduction reduces liability to social housing lessor
21
(1) If:
22
(a) the Secretary pays the amount to the social housing lessor;
23
and
24
(b) the amount, or a part of the amount, relates to a particular
25
liability;
26
then, the liability is discharged to the extent of the amount or the
27
part of the amount, as the case requires.
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(2) This section applies to a liability even if the amount of the liability
1
is not yet due and payable.
2
(3) This section does not apply (and is taken never to have applied) to
3
reduce a liability by so much of an amount paid to the social
4
housing lessor as gives rise under Division 4 to a debt due to the
5
Commonwealth by the lessor.
6
67L Social housing tenant taken to be paid amount deducted
7
(1) Subject to section 67N, the social housing tenant is taken to have
8
been paid the amount deducted, at the time the family tax benefit
9
was paid (or would have been paid apart from the deduction).
10
(2) Subsection (1) has effect for the purposes of all laws of the
11
Commonwealth, except any law of the Commonwealth specified in
12
an instrument under subsection (4).
13
(3) To avoid doubt, subsection (1) has effect whether or not the
14
Secretary paid the amount to the social housing lessor.
15
(4) The Minister may, by legislative instrument, make a determination
16
specifying a law of the Commonwealth for the purposes of
17
subsection (2).
18
Division 4--Overpayments to social housing lessors
19
67M Overpayment--payment to lessor exceeds deduction properly
20
made
21
(1) This section applies if:
22
(a) the Secretary pays an amount to a social housing lessor
23
purportedly under Division 3 in connection with a deduction
24
the Secretary properly made under Division 2; and
25
(b) the amount paid to the lessor exceeds the deduction.
26
(2) The excess is a debt due to the Commonwealth by the social
27
housing lessor.
28
Note:
For debt recovery, see section 67P.
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67N Overpayment--payment to lessor and deduction not properly
1
made
2
(1) This section applies if:
3
(a) under Division 3 the Secretary pays a social housing lessor
4
the amount of a deduction from family tax benefit payable to
5
a social housing tenant; and
6
(b) the deduction exceeded the amount (which may be a nil
7
amount) determined by the Secretary under section 67F.
8
(2) The amount the social housing tenant is taken to have been paid
9
under subsection 67L(1) is reduced by the excess.
10
Debt
11
(3) The excess is a debt due to the Commonwealth by the social
12
housing lessor.
13
Note:
For debt recovery, see section 67P.
14
Payment to social housing tenant
15
(4) The Secretary must pay the social housing tenant an amount equal
16
to the excess, whether or not the Commonwealth recovers the debt.
17
The amount is taken to be a payment of family tax benefit.
18
(5) However, the Secretary must not pay the social housing tenant an
19
amount under subsection (4) to the extent that the sum of that
20
amount, and of the amount that should have been deducted, would
21
exceed the amount of family tax benefit that was payable to the
22
tenant apart from this Part.
23
(6) Subsection (4) has effect for the purposes of all laws of the
24
Commonwealth, except any law of the Commonwealth specified in
25
an instrument under subsection (7).
26
(7) The Minister may, by legislative instrument, make a determination
27
specifying a law of the Commonwealth for the purposes of
28
subsection (6).
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67P Debt recovery
1
Set-off
2
(1) The Secretary may set off an amount payable to a social housing
3
lessor under Division 3 against a debt due to the Commonwealth
4
by the lessor under this Division.
5
Legal proceedings
6
(2) A debt due to the Commonwealth under this Division is
7
recoverable by the Commonwealth in a court of competent
8
jurisdiction.
9
Relationship with Part 4
10
(3) Part 4 does not apply to a debt due by a social housing lessor to the
11
Commonwealth under this Division.
12
67Q No time limit on debt recovery action
13
For the purposes of this Part, legal proceedings, or any action
14
under a provision of this Part, for the recovery of a debt or
15
overpayment may be commenced or taken at any time.
16
Division 5--Fees
17
67R Fees
18
The Secretary may, on behalf of the Commonwealth, charge a
19
social housing lessor fees for any of the following:
20
(a) deducting amounts under Division 2 in accordance with
21
requests made by the lessor;
22
(b) paying the lessor amounts under Division 3;
23
(c) services provided to the lessor in relation to the
24
administration of this Part.
25
6 Subsection 154(1)
26
Omit "either or both of the following matters", substitute "one or more
27
of the following matters".
28
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7 At the end of subsection 154(1)
1
Add:
2
; (c) the operation of Part 3A (automatic deductions of rent or
3
other household payments).
4
8 Subsection 157(1)
5
Omit "either or both of the following purposes", substitute "one or more
6
of the following purposes".
7
9 At the end of subsection 157(1)
8
Add:
9
; (c) to facilitate the administration of Part 3A (about automatic
10
deductions of rent or other household payments).
11
10 At the end of subsection 157(2)
12
Add:
13
; (m) for the purposes of Part 3A (automatic deductions of rent or
14
other household payments), in relation to a social housing
15
lessor--evidence to support a request made by the social
16
housing lessor under section 67D.
17
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Schedule 3--National rental affordability
1
scheme amendments
2
3
National Rental Affordability Scheme Act 2008
4
1 Subparagraph 7(2)(b)(ii)
5
Repeal the subparagraph, substitute:
6
(ii) each charge of rent for the rental dwelling during the
7
year is at least 20% less than the market value rent for
8
the dwelling; and
9
2 Paragraph 7(2)(c)
10
Repeal the paragraph, substitute:
11
(c) to the extent that the rental dwelling is not rented during an
12
NRAS year that falls within the incentive period--the
13
dwelling is not vacant for longer than a period prescribed by
14
the regulations.
15
3 At the end of section 7
16
Add:
17
(4) The National Rental Affordability Scheme may provide for, and in
18
relation to, the variation of a condition of an allocation (other than
19
a condition mentioned in paragraph (2)(a) or
20
subparagraph (2)(b)(ii)) in certain circumstances.
21
(5) To avoid doubt, a condition provided for by the National Rental
22
Affordability Scheme may be imposed on an allocation after the
23
allocation is made.
24
4 After paragraph 8(b)
25
Insert:
26
(ba) the transfer of an allocation to another rental dwelling in
27
certain circumstances;
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5 Application
1
Subsections 7(4) and (5) of the National Rental Affordability Scheme
2
Act 2008, as inserted by item 3 of this Schedule, apply to an allocation
3
made before, on or after the day this Schedule commences.
4
6 Making allocations
--continuity of conditions prescribed by
5
the regulations
6
The amendment made by item 2 of this Schedule does not affect the
7
continuity of any regulations made for the purposes of paragraph 7(2)(c)
8
of the National Rental Affordability Scheme Act 2008 that are in force
9
immediately before this item commences.
10