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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Fair and Sustainable Pensions) Bill 2015
No. , 2015
(Social Services)
A Bill for an Act to amend the law relating to social
security and veterans' entitlements, and for related
purposes
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Defined benefit income streams
3
Social Security Act 1991
3
Schedule 2--Proportional payment of pensions outside
Australia
6
Social Security Act 1991
6
Schedule 3--Assets test and concession cards
7
Part 1--Assets test
7
Division 1--Main amendments
7
Social Security Act 1991
7
Veterans' Entitlements Act 1986
13
Division 2--Other amendments
16
Social Services and Other Legislation Amendment (2014 Budget
Measures No. 6) Act 2014
16
Part 2--Concession cards
17
Social Security Act 1991
17
Social Security (Administration) Act 1999
20
Veterans' Entitlements Act 1986
22
Schedule 4--Energy supplement replacing seniors supplement
24
Part 1--Main amendments
24
Social Security Act 1991
24
Social Security (Administration) Act 1999
26
Veterans' Entitlements Act 1986
28
Part 2--Consequential amendments
33
Income Tax Assessment Act 1997
33
Military Rehabilitation and Compensation Act 2004
33
ii
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
Part 3--Transitional provisions
35
Schedule 5--Pensioner education supplement
36
Part 1--Main amendments
36
Social Security Act 1991
36
Social Security (Administration) Act 1999
38
Part 2--Other amendments
40
A New Tax System (Family Assistance) Act 1999
40
Farm Household Support Act 2014
40
Income Tax Assessment Act 1997
40
Part 3--Application and saving provisions
41
Schedule 6--Education entry payment
43
Part 1--Main amendments
43
Social Security Act 1991
43
Social Security (Administration) Act 1999
44
Veterans' Entitlements Act 1986
44
Part 2--Other amendments
46
Farm Household Support Act 2014
46
Income Tax Assessment Act 1936
46
Income Tax Assessment Act 1997
46
Taxation Administration Act 1953
47
Part 3--Application and saving provisions
48
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
1
A Bill for an Act to amend the law relating to social
1
security and veterans' entitlements, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Services Legislation
6
Amendment (Fair and Sustainable Pensions) Act 2015.
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 (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
1 January 2016.
1 January 2016
3. Schedule 2
1 January 2017.
1 January 2017
4. Schedule 3,
Part 1, Division 1
1 January 2017.
1 January 2017
5. Schedule 3,
Part 1, Division 2
The day this Act receives the Royal Assent.
6. Schedule 3,
Part 2
1 January 2017.
1 January 2017
7. Schedule 4
20 June 2015.
20 June 2015
8. Schedules 5
and 6
1 January 2016.
1 January 2016
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
Defined benefit income streams Schedule 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
3
Schedule 1
--Defined benefit income streams
1
2
Social Security Act 1991
3
1 Subsection 9(1)
4
Insert:
5
military defined benefit income stream means a defined benefit
6
income stream provided under:
7
(a) the scheme provided for by the Defence Forces Retirement
8
Benefits Act 1948; or
9
(b) the scheme provided for by the Defence Force Retirement
10
and Death Benefits Act 1973; or
11
(c) the superannuation scheme referred to in section 4 of the
12
Military Superannuation and Benefits Act 1991; or
13
(d) a superannuation scheme specified in an instrument under
14
subsection (2).
15
2 After subsection 9(1F)
16
Insert:
17
(2) The Secretary may, by legislative instrument, specify
18
superannuation schemes for the purposes of paragraph (d) of the
19
definition of military defined benefit income stream in
20
subsection (1).
21
3 Subsection 23(1)
22
Insert:
23
military defined benefit income stream: see subsection 9(1).
24
4 Section 1099A
25
Omit "If", substitute "(1) Subject to subsection (2), if".
26
5 At the end of section 1099A
27
Add:
28
Schedule 1 Defined benefit income streams
4
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
Cap on deductible amount
1
(2) If:
2
(a) the defined benefit income stream is not a military defined
3
benefit income stream; and
4
(b) apart from this subsection, the deductible amount under
5
subsection (1) in relation to the income stream for the year
6
would exceed 10% of the amount payable to the person for
7
the year under the income stream;
8
then that deductible amount is taken to be an amount equal to 10%
9
of the amount payable to the person for the year under the income
10
stream.
11
6 Section 1099D
12
Omit "If", substitute "(1) Subject to subsection (2), if".
13
7 At the end of section 1099D
14
Add:
15
Cap on deductible amount
16
(2) If:
17
(a) the defined benefit income stream is not a military defined
18
benefit income stream; and
19
(b) apart from this subsection, the deductible amount under
20
subsection (1) in relation to the income stream for the year
21
would exceed 10% of the amount payable to the person for
22
the year under the income stream;
23
then that deductible amount is taken to be an amount equal to 10%
24
of the amount payable to the person for the year under the income
25
stream.
26
8 After subclause 136(3) of Schedule 1A
27
Insert:
28
(3A) If:
29
(a) this clause applies; and
30
Defined benefit income streams Schedule 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
5
(b) an amount (the transitional amount) is worked out under
1
subclause (2) in relation to a defined benefit income stream
2
for a year starting on or after 1 January 2016; and
3
(c) that income stream is not a military defined benefit income
4
stream; and
5
(d) that amount is worked out in relation to the operation of
6
section 1099A or 1099D;
7
then, for the purposes of the operation of paragraph 1099A(2)(b) or
8
1099D(2)(b), the transitional amount is taken to be the deductible
9
amount under subsection 1099A(1) or 1099D(1) in relation to that
10
income stream for that year.
11
Note:
The effect of this subclause is that the cap on the deductible amount
12
under subsection 1099A(2) or 1099D(2) might apply.
13
9 Application provision
14
The amendments made by this Schedule apply in relation to working
15
out the ordinary income of a person in relation to days occurring on or
16
after the commencement of this item (whether the defined benefit
17
income stream began to be provided to the person before, on or after
18
that commencement).
19
Schedule 2 Proportional payment of pensions outside Australia
6
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
Schedule 2
--Proportional payment of
1
pensions outside Australia
2
3
Social Security Act 1991
4
1 Subsection 1214(1) (note 2)
5
Omit "26 weeks", substitute "6 weeks".
6
2 Paragraph 1220A(a)
7
Omit "26 weeks", substitute "6 weeks".
8
3 Paragraph 1220B(1)(a)
9
Omit "26 weeks", substitute "6 weeks".
10
4 Paragraph 1221(1)(a)
11
Omit "26 weeks", substitute "6 weeks".
12
5 Application provision
13
The amendments made by this Schedule apply in relation to periods of
14
absence from Australia starting on or after the commencement of this
15
item.
16
Assets test and concession cards Schedule 3
Assets test Part 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
7
Schedule 3
--Assets test and concession
1
cards
2
Part 1
--Assets test
3
Division 1
--Main amendments
4
Social Security Act 1991
5
1 Subsection 408CE(2) (table item 1, column 3)
6
Omit "$115,000", substitute "$250,000".
7
2 Subsection 408CE(2) (table item 2, column 3)
8
Omit "$197,000", substitute "$450,000".
9
3 Subsection 500Q(2) (table item 1, column 3)
10
Omit "$125,750", substitute "$250,000".
11
4 Subsection 500Q(2) (table item 2, column 3)
12
Omit "$215,750", substitute "$450,000".
13
5 Subsection 500Q(3) (table item 1, column 3A)
14
Omit "$178,500", substitute "$375,000".
15
6 Subsection 500Q(3) (table item 1, column 3B)
16
Omit "$268,500", substitute "$575,000".
17
7 Subsection 500Q(3) (table item 2, column 3A)
18
Omit "$89,250", substitute "$187,500".
19
8 Subsection 500Q(3) (table item 2, column 3B)
20
Omit "$134,250", substitute "$287,500".
21
9 Paragraph 547C(b)
22
Omit "$125,750", substitute "$250,000".
23
Schedule 3 Assets test and concession cards
Part 1 Assets test
8
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
10 Paragraph 547C(c)
1
Omit "$215,750", substitute "$450,000".
2
11 Paragraph 547C(d)
3
Omit "$178,500", substitute "$375,000".
4
12 Paragraph 547C(e)
5
Omit "$268,500", substitute "$575,000".
6
13 Paragraph 573B(a)
7
Omit "$125,750", substitute "$250,000".
8
14 Paragraph 573B(b)
9
Omit "$215,750", substitute "$450,000".
10
15 Paragraph 573B(c)
11
Omit "$178,500", substitute "$375,000".
12
16 Paragraph 573B(d)
13
Omit "$268,500", substitute "$575,000".
14
17 Subsection 611(2) (table item 1, column 3A)
15
Omit "$110,750", substitute "$250,000".
16
18 Subsection 611(2) (table item 1, column 3B)
17
Omit "$190,250", substitute "$450,000".
18
19 Subsection 611(2) (table item 2, column 3A)
19
Omit "$157,500", substitute "$375,000".
20
20 Subsection 611(2) (table item 2, column 3B)
21
Omit "$237,000", substitute "$575,000".
22
21 Subsection 611(2) (table item 3, column 3A)
23
Omit "$78,750", substitute "$187,500".
24
Assets test and concession cards Schedule 3
Assets test Part 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
9
22 Subsection 611(2) (table item 3, column 3B)
1
Omit "$118,500", substitute "$287,500".
2
23 Subsection 680(3) (table item 1, column 3A)
3
Omit "$110,750", substitute "$250,000".
4
24 Subsection 680(3) (table item 1, column 3B)
5
Omit "$190,250", substitute "$450,000".
6
25 Subsection 680(3) (table item 2, column 3A)
7
Omit "$157,500", substitute "$375,000".
8
26 Subsection 680(3) (table item 2, column 3B)
9
Omit "$237,000", substitute "$575,000".
10
27 Subsection 680(3) (table item 3, column 3A)
11
Omit "$78,750", substitute "$187,500".
12
28 Subsection 680(3) (table item 3, column 3B)
13
Omit "$118,500", substitute "$287,500".
14
29 Subsection 733(3) (table item 1, column 3A)
15
Omit "$110,750", substitute "$250,000".
16
30 Subsection 733(3) (table item 1, column 3B)
17
Omit "$190,250", substitute "$450,000".
18
31 Subsection 733(3) (table item 2, column 3A)
19
Omit "$157,500", substitute "$375,000".
20
32 Subsection 733(3) (table item 2, column 3B)
21
Omit "$237,000", substitute "$575,000".
22
33 Subsection 733(3) (table item 3, column 3A)
23
Omit "$78,750", substitute "$187,500".
24
Schedule 3 Assets test and concession cards
Part 1 Assets test
10
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
34 Subsection 733(3) (table item 3, column 3B)
1
Omit "$118,500", substitute "$287,500".
2
35 Subsection 771HF(2) (table item 1, column 3)
3
Omit "$80,250.00", substitute "$187,500".
4
36 Subsection 771HF(2) (table item 2, column 3)
5
Omit "$120,500.00", substitute "$287,500".
6
37 Point 1064-G3 (table G-1, item 1, column 3A)
7
Omit "$110,750", substitute "$250,000".
8
38 Point 1064-G3 (table G-1, item 1, column 3B)
9
Omit "$190,250", substitute "$450,000".
10
39 Point 1064-G3 (table G-1, item 2, column 3A)
11
Omit "$78,750", substitute "$187,500".
12
40 Point 1064-G3 (table G-1, item 2, column 3B)
13
Omit "$118,500", substitute "$287,500".
14
41 Point 1064-G3 (table G-1, item 3, column 3A)
15
Omit "$78,750", substitute "$187,500".
16
42 Point 1064-G3 (table G-1, item 3, column 3B)
17
Omit "$118,500", substitute "$287,500".
18
43 Point 1064-G4 (table G-2, items 1, 2 and 3, column 3,
19
formula)
20
Repeal the formula, substitute:
21
Assets excess
19.5
250
22
44 Point 1066-G3 (table G, item 1, column 3A)
23
Omit "$110,750", substitute "$250,000".
24
Assets test and concession cards Schedule 3
Assets test Part 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
11
45 Point 1066-G3 (table G, item 1, column 3B)
1
Omit "$190,250", substitute "$450,000".
2
46 Point 1066-G3 (table G, item 2, column 3A)
3
Omit "$78,750", substitute "$187,500".
4
47 Point 1066-G3 (table G, item 2, column 3B)
5
Omit "$118,500", substitute "$287,500".
6
48 Point 1066-G3 (table G, item 3, column 3A)
7
Omit "$78,750", substitute "$187,500".
8
49 Point 1066-G3 (table G, item 3, column 3B)
9
Omit "$118,500", substitute "$287,500".
10
50 Point 1066-G4 (formula)
11
Repeal the formula, substitute:
12
Assets excess
19.5
250
13
51 Point 1066A-H3 (table H-1, item 1, column 3A)
14
Omit "$110,750", substitute "$250,000".
15
52 Point 1066A-H3 (table H-1, item 1, column 3B)
16
Omit "$190,250", substitute "$450,000".
17
53 Point 1066A-H3 (table H-1, item 2, column 3A)
18
Omit "$78,750", substitute "$187,500".
19
54 Point 1066A-H3 (table H-1, item 2, column 3B)
20
Omit "$118,500", substitute "$287,500".
21
55 Point 1066A-H3 (table H-1, item 3, column 3A)
22
Omit "$78,750", substitute "$187,500".
23
Schedule 3 Assets test and concession cards
Part 1 Assets test
12
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
56 Point 1066A-H3 (table H-1, item 3, column 3B)
1
Omit "$118,500", substitute "$287,500".
2
57 Point 1066A-H4 (table H-2, items 1, 2 and 3, column 3,
3
formula)
4
Repeal the formula, substitute:
5
Assets excess
19.5
250
6
58 Paragraph 1130(3)(d)
7
Omit "$9.75", substitute "$19.50".
8
59 Paragraph 1152(5)(g)
9
Omit "$98,625", substitute "$237,500".
10
60 Paragraph 1153(3)(e)
11
Omit "$98,625", substitute "$237,500".
12
61 Paragraph 1154(2)(f)
13
Omit "$98,625", substitute "$237,500".
14
62 After subsection 1192(5B)
15
Insert:
16
(5C) For the purposes of working out the indexed amount for pension
17
"single" homeowner AVL on 1 July 2017, the current figure for
18
pension "single" homeowner AVL immediately before that day is
19
taken to be $250,000.
20
(5D) For the purposes of working out the indexed amount for pension
21
"partnered" homeowner AVL on 1 July 2017, the current figure for
22
pension "partnered" homeowner AVL immediately before that day
23
is taken to be $187,500.
24
(5E) For the purposes of working out the indexed amount for pension
25
"partnered" non-homeowner AVL on 1 July 2017, the current
26
figure for pension "partnered" non-homeowner AVL immediately
27
before that day is taken to be $287,500.
28
Assets test and concession cards Schedule 3
Assets test Part 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
13
(5F) For the purposes of working out the indexed amount for benefit
1
"single" homeowner AVL on 1 July 2017, the current figure for
2
benefit "single" homeowner AVL immediately before that day is
3
taken to be $250,000.
4
(5G) For the purposes of working out the indexed amount for benefit
5
"partnered" (item 3) homeowner AVL on 1 July 2017, the current
6
figure for benefit "partnered" (item 3) homeowner AVL
7
immediately before that day is taken to be $187,500.
8
(5H) For the purposes of working out the indexed amount for benefit
9
"partnered" (item 3) non-homeowner AVL on 1 July 2017, the
10
current figure for benefit "partnered" (item 3) non-homeowner
11
AVL immediately before that day is taken to be $287,500.
12
63 Application provision
13
The amendments made by items 1 to 61 apply in relation to working out
14
the payability or rate of social security payments for days on or after the
15
commencement of this item.
16
Veterans' Entitlements Act 1986
17
64 Paragraph 52S(5)(g)
18
Omit "$98,625", substitute "$237,500".
19
65 Paragraph 52T(3)(e)
20
Omit "$98,625", substitute "$237,500".
21
66 Paragraph 52U(2)(e)
22
Omit "$98,625", substitute "$237,500".
23
67 Paragraph 52Z(3)(d)
24
Omit "$9.75", substitute "$19.50".
25
68 Subsections 59C(2A) and (3)
26
Repeal the subsections, substitute:
27
(2A) For the purposes of working out the indexed amount for pension
28
single property owner AVL on 1 July 2017, the current figure for
29
Schedule 3 Assets test and concession cards
Part 1 Assets test
14
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
pension single property owner AVL immediately before that day is
1
taken to be $250,000.
2
(2B) For the purposes of working out the indexed amount for pension
3
partnered property owner AVL on 1 July 2017, the current figure
4
for pension partnered property owner AVL immediately before
5
that day is taken to be $187,500.
6
(3) For the purposes of working out the indexed amount for pension
7
partnered non-property owner AVL on 1 July 2017, the current
8
figure for pension partnered non-property owner AVL
9
immediately before that day is taken to be $287,500.
10
69 Sections 59H and 59J
11
Repeal the sections, substitute:
12
59H Adjustment of pension single non-property owner AVL
13
This Act has effect as if, on 1 July each year, the amount worked
14
out in accordance with the following formula were substituted for
15
the pension single non-property owner AVL:
16
Pension
Pension
Pension
2
property
non-property
property
owner AVL
owner AVL
owner AVL
single
partnered
partnered
17
where:
18
pension partnered non-property owner AVL is the current figure,
19
as at that 1 July, for the pension partnered non-property owner
20
AVL.
21
pension partnered property owner AVL is the current figure, as at
22
that 1 July, for the pension partnered property owner AVL.
23
pension single property owner AVL is the current figure, as at that
24
1 July, for the pension single property owner AVL.
25
Assets test and concession cards Schedule 3
Assets test Part 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
15
59J Adjustment of special illness separated special resident AVL
1
This Act has effect as if, on 1 July each year, the amount worked
2
out in accordance with the following formula were substituted for
3
each special illness separated special resident AVL:
4
Pension
Pension
non-property
property
owner AVL
owner AVL
2
partnered
partnered
5
where:
6
pension partnered non-property owner AVL is the current figure,
7
as at that 1 July, for the pension partnered non-property owner
8
AVL.
9
pension partnered property owner AVL is the current figure, as at
10
that 1 July, for the pension partnered property owner AVL.
11
70 Point SCH6-F3 of Schedule 6 (table F-1, item 1, column
12
3A)
13
Omit "124,000", substitute "250,000".
14
71 Point SCH6-F3 of Schedule 6 (table F-1, item 1, column
15
3B)
16
Omit "212,500", substitute "450,000".
17
72 Point SCH6-F3 of Schedule 6 (table F-1, item 2, column
18
3A)
19
Omit "88,000", substitute "187,500".
20
73 Point SCH6-F3 of Schedule 6 (table F-1, item 2, column
21
3B)
22
Omit "132,250", substitute "287,500".
23
74 Point SCH6-F3 of Schedule 6 (note 4)
24
Omit "in line with CPI increases (see section 59H)", substitute "under
25
section 59H".
26
Schedule 3 Assets test and concession cards
Part 1 Assets test
16
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
75 Subpoint SCH6-F4(1) of Schedule 6 (formula)
1
Repeal the formula, substitute:
2
(Assets excess)
19.5
250
3
76 Application provision
4
The amendments made by items 64 to 67 and 70 to 75 apply in relation
5
to working out the rate of service pension or income support
6
supplement for days on or after the commencement of this item.
7
Division 2
--Other amendments
8
Social Services and Other Legislation Amendment (2014
9
Budget Measures No. 6) Act 2014
10
77 Subsection 2(1) (table item 5)
11
Repeal the item.
12
78 Part 2 of Schedule 2
13
Repeal the Part.
14
Assets test and concession cards Schedule 3
Concession cards Part 2
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
17
Part 2
--Concession cards
1
Social Security Act 1991
2
79 Subsection 1061ZG(1)
3
After "subsection (2)", insert "and sections 1061ZJA and 1061ZJB".
4
80 At the end of Division 2 of Part 2A.1
5
Add:
6
1061ZJA Modifications if person's rate of social security pension is
7
nil on 1 January 2017
8
(1) This section applies in relation to a person if:
9
(a) immediately before 1 January 2017, the person was receiving
10
a social security pension; and
11
(b) the Secretary is satisfied that the rate of that pension is nil on
12
1 January 2017 because of the operation of the amendments
13
made by Part 1 of Schedule 3 to the Social Services
14
Legislation Amendment (Fair and Sustainable Pensions) Act
15
2015.
16
Seniors health card income test does not apply
17
(2) In determining whether the person is qualified for a seniors health
18
card at any time on or after 1 January 2017,
19
paragraph 1061ZG(1)(d) does not apply to the person.
20
Automatic issue of seniors health card
21
(3) If the person is qualified for a seniors health card on 1 January
22
2017, the Secretary must issue a seniors health card to the person.
23
Note:
The person does not need to make a claim for the card.
24
(4) If:
25
(a) on 1 January 2017, the person is outside Australia; and
26
(b) the person returns to Australia before the end of the period of
27
19 weeks beginning on the day the person left Australia; and
28
Schedule 3 Assets test and concession cards
Part 2 Concession cards
18
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
(c) the person is qualified for a seniors health card on the day the
1
person returns to Australia;
2
the Secretary must issue a seniors health card to the person.
3
Note 1:
The person does not need to make a claim for the card.
4
Note 2:
If the person returns to Australia after the end of that 19-week period,
5
the person will need to make a claim for a seniors health card.
6
1061ZJB Other modifications because of Veterans' Entitlements Act
7
If section 118XA of the Veterans' Entitlements Act applies in
8
relation to a person, then, in determining whether the person is
9
qualified for a seniors health card under this Division at any time
10
on or after 1 January 2017, paragraph 1061ZG(1)(d) does not apply
11
to the person.
12
81 Subdivision A of Division 3 of Part 2A.1 (heading)
13
Repeal the heading, substitute:
14
Subdivision A--Qualification for automatic issue health care
15
card where no health care card income test
16
82 Subdivision B of Division 3 of Part 2A.1 (heading)
17
Repeal the heading, substitute:
18
Subdivision B--Qualification for health care card in other
19
circumstances
20
83 Subsections 1061ZO(2), (3) and (4)
21
Omit "This section", substitute "Subject to sections 1061ZRA and
22
1061ZRB, this section".
23
84 At the end of Subdivision B of Division 3 of Part 2A.1
24
Add:
25
1061ZRA Modifications if person's rate of social security pension is
26
nil on 1 January 2017
27
(1) This section applies in relation to a person if:
28
Assets test and concession cards Schedule 3
Concession cards Part 2
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
19
(a) immediately before 1 January 2017, the person was receiving
1
a social security pension; and
2
(b) the Secretary is satisfied that the rate of that pension is nil on
3
1 January 2017 because of the operation of the amendments
4
made by Part 1 of Schedule 3 to the Social Services
5
Legislation Amendment (Fair and Sustainable Pensions) Act
6
2015.
7
Health care card income test does not apply
8
(2) In determining whether the person is qualified for a health care
9
card under section 1061ZO at any time on or after 1 January 2017,
10
paragraphs 1061ZO(2)(d), (3)(e) and (4)(d) do not apply to the
11
person.
12
Automatic issue of health care card
13
(3) If the person is qualified for a health care card under
14
section 1061ZO on 1 January 2017, the Secretary must issue a
15
health care card to the person.
16
Note:
The person does not need to make a claim for the card.
17
(4) If:
18
(a) on 1 January 2017, the person is outside Australia; and
19
(b) the person returns to Australia before the end of the period of
20
19 weeks beginning on the day the person left Australia; and
21
(c) the person is qualified for a health care card under
22
section 1061ZO on the day the person returns to Australia;
23
the Secretary must issue a health care card to the person.
24
Note 1:
The person does not need to make a claim for the card.
25
Note 2:
If the person returns to Australia after the end of that 19-week period,
26
the person will need to make a claim for a health care card.
27
1061ZRB Other modifications because of Veterans' Entitlements
28
Act
29
If section 118XA of the Veterans' Entitlements Act applies in
30
relation to a person, then, in determining whether the person is
31
qualified for a health care card under section 1061ZO at any time
32
Schedule 3 Assets test and concession cards
Part 2 Concession cards
20
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
on or after 1 January 2017, paragraphs 1061ZO(2)(d), (3)(e) and
1
(4)(d) do not apply to the person.
2
Social Security (Administration) Act 1999
3
85 Subsection 11(1)
4
Omit "subsection (2)", substitute "subsections (2) to (4)".
5
86 At the end of section 11
6
Add:
7
(3) Subsection (1) does not apply to a seniors health card that the
8
Secretary must issue to a person under subsection 1061ZJA(3) or
9
(4) of the 1991 Act.
10
(4) Subsection (1) does not apply to a health care card that the
11
Secretary must issue to a person under subsection 1061ZRA(3) or
12
(4) of the 1991 Act.
13
87 After subsection 37A(1)
14
Insert:
15
(1A) However, subsection (1) does not apply to a seniors health card
16
issued under subsection 1061ZJA(3) or (4) of the 1991 Act.
17
88 After subsection 37A(2)
18
Insert:
19
(2A) However, subsection (2) does not apply to a health care card issued
20
under subsection 1061ZRA(3) or (4) of the 1991 Act.
21
89 Subsection 240A(3)
22
After "other than an automatic issue card", insert "or a card issued
23
under subsection 1061ZJA(3) or (4) or 1061ZRA(3) or (4) of the 1991
24
Act".
25
90 Section 240C (heading)
26
Repeal the heading, substitute:
27
Assets test and concession cards Schedule 3
Concession cards Part 2
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
21
240C Issue of replacement card on expiry of certain concession
1
cards
2
91 Paragraphs 240C(1)(a) and (2)(a)
3
Omit "automatic issue card under paragraph 240A(2)(b)", substitute
4
"automatic issue card, or in a card issued under subsection 1061ZJA(3)
5
or (4) or 1061ZRA(3) or (4) of the 1991 Act, under
6
paragraph 240A(2)(b) of this Act".
7
92 At the end of clause 3 of Schedule 2
8
Add:
9
(4) If:
10
(a) section 1061ZJA of the 1991 Act applies in relation to a
11
person; and
12
(b) as mentioned in subsection 1061ZJA(3) of the 1991 Act, the
13
person is qualified for a seniors health card on 1 January
14
2017;
15
the person's start day in relation to the card is 1 January 2017.
16
(5) If:
17
(a) section 1061ZJA of the 1991 Act applies in relation to a
18
person; and
19
(b) as mentioned in subsection 1061ZJA(4) of the 1991 Act, the
20
person is qualified for a seniors health card on the day the
21
person returns to Australia;
22
the person's start day in relation to the card is the day the person
23
returns to Australia.
24
(6) If:
25
(a) section 1061ZRA of the 1991 Act applies in relation to a
26
person; and
27
(b) as mentioned in subsection 1061ZRA(3) of the 1991 Act, the
28
person is qualified for a health care card on 1 January 2017;
29
the person's start day in relation to the card is 1 January 2017.
30
(7) If:
31
(a) section 1061ZRA of the 1991 Act applies in relation to a
32
person; and
33
Schedule 3 Assets test and concession cards
Part 2 Concession cards
22
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
(b) as mentioned in subsection 1061ZRA(4) of the 1991 Act, the
1
person is qualified for a health care card on the day the
2
person returns to Australia;
3
the person's start day in relation to the card is the day the person
4
returns to Australia.
5
Veterans' Entitlements Act 1986
6
93 Paragraph 63D(2)(b)
7
Omit "section 118ZG", substitute "Part VIIC".
8
94 At the end of section 85
9
Add:
10
(13) If:
11
(a) immediately before 1 January 2017, a veteran was receiving
12
a service pension under Part III; and
13
(b) the Commission is satisfied that the rate of that pension is nil
14
on 1 January 2017 because of the operation of the
15
amendments made by Part 1 of Schedule 3 to the Social
16
Services Legislation Amendment (Fair and Sustainable
17
Pensions) Act 2015;
18
then, for the purposes of paragraph (7)(b) or (7A)(a), on and after
19
1 January 2017 the veteran is taken to be receiving a service
20
pension under Part III.
21
95 Subsections 118V(1), (1A), (2) and (3)
22
Omit "A person", substitute "Subject to subsection (4) and
23
sections 118XA and 118XB, a person".
24
96 At the end of Division 1 of Part VIIC
25
Add:
26
Subdivision C--Modifications of provisions in this Division
27
118XA Modifications if person's rate of service pension or income
28
support supplement is nil on 1 January 2017
29
(1) This section applies in relation to a person if:
30
Assets test and concession cards Schedule 3
Concession cards Part 2
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
23
(a) immediately before 1 January 2017, the person was receiving
1
a service pension or income support supplement; and
2
(b) the Commission is satisfied that the rate of that pension or
3
supplement is nil on 1 January 2017 because of the operation
4
of the amendments made by Part 1 of Schedule 3 to the
5
Social Services Legislation Amendment (Fair and
6
Sustainable Pensions) Act 2015.
7
Seniors health card income test does not apply
8
(2) In determining whether the person is eligible for a seniors health
9
card at any time on or after 1 January 2017, paragraphs
10
118V(1)(h), (1A)(f), (2)(h) and (3)(h) do not apply to the person.
11
Entitlement to seniors health card
12
(3) If the person is eligible for a seniors health card under this Part on
13
1 January 2017 and section 118X does not prevent the person from
14
being entitled to a seniors health card, the Commission must make
15
a determination under section 118ZG that the person is entitled to a
16
seniors health card.
17
Note:
The person does not need to make a claim for the card.
18
118XB Other modifications because of social security law
19
If section 1061ZJA of the Social Security Act 1991 applies in
20
relation to a person, then, in determining whether the person is
21
eligible for a seniors health card under this Part at any time on or
22
after 1 January 2017, paragraphs 118V(1)(h), (1A)(f), (2)(h) and
23
(3)(h) do not apply to the person.
24
97 Section 118Y
25
Before "A person", insert "(1)".
26
98 At the end of section 118Y
27
Add:
28
(2) However, subsection (1) does not apply to a person if, because of
29
subsection 118XA(3), the Commission made a determination under
30
section 118ZG that the person is entitled to a seniors health card
31
and the determination is in force.
32
Schedule 4 Energy supplement replacing seniors supplement
Part 1 Main amendments
24
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
Schedule 4
--Energy supplement replacing
1
seniors supplement
2
Part 1
--Main amendments
3
Social Security Act 1991
4
1 Subparagraph 8(8)(y)(viib)
5
Omit "seniors supplement", substitute "energy supplement".
6
2 Subsection 23(1) (definition of seniors supplement)
7
Repeal the definition.
8
3 Paragraph 916D(3)(c)
9
Omit "seniors supplement", substitute "energy supplement".
10
4 Paragraph 1061R(d)
11
Omit "seniors supplement under this Act or the Veterans' Entitlements
12
Act", substitute "energy supplement under Part 2.25B of this Act or
13
Part VIIAD of the Veterans' Entitlements Act".
14
5 Paragraph 1061T(2)(b)
15
Omit "seniors supplement", substitute "energy supplement under
16
Part 2.25B".
17
6 Paragraph 1061TA(2)(b)
18
Omit "seniors supplement under the Veterans' Entitlements Act",
19
substitute "energy supplement under Part VIIAD of the Veterans'
20
Entitlements Act".
21
7 Part 2.25B
22
Repeal the Part, substitute:
23
Energy supplement replacing seniors supplement Schedule 4
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
25
Part 2.25B--Energy supplement
1
Division 1--Qualification and payability
2
1061U Qualification for energy supplement
3
A person is qualified for energy supplement if the person is the
4
holder of a seniors health card.
5
1061UA When energy supplement is payable
6
(1) Energy supplement is payable to a person in relation to each day on
7
which the person is qualified for the supplement.
8
(2) However, energy supplement is not payable to the person in
9
relation to a day if:
10
(a) before that day:
11
(i) the person had elected not to be covered by this Part;
12
and
13
(ii) that election had not been withdrawn; or
14
(b) subsection 55(5) (failing to nominate a bank account) of the
15
Administration Act applies to the person.
16
Division 2--Rate of energy supplement
17
1061UB Rate of energy supplement
18
(1) If subsection (2) applies to the person on a day, the person's daily
19
rate of energy supplement, for that day, is
1
/
364
of the amount
20
worked out using the following table:
21
22
Energy supplement
Item
Person's family situation
Amount of energy
supplement
1
Not a member of a couple
$366.60
2
Partnered
$275.60
3
Member of an illness separated
couple
$366.60
Schedule 4 Energy supplement replacing seniors supplement
Part 1 Main amendments
26
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
Energy supplement
Item
Person's family situation
Amount of energy
supplement
4
Member of a respite care couple
$366.60
5
Partnered (partner in gaol)
$366.60
(2) This subsection applies to a person on a day if on that day the
1
person is residing in Australia and either:
2
(a) is in Australia; or
3
(b) is temporarily absent from Australia and has been so for a
4
continuous period not exceeding 6 weeks.
5
8 Section 1190 (note)
6
Omit "the rate of seniors supplement (see section 1061UB) and".
7
Social Security (Administration) Act 1999
8
9 Section 12D (heading)
9
Repeal the heading, substitute:
10
12D Energy supplement
11
10 Section 12D
12
Omit "seniors supplement", substitute "energy supplement under
13
Part 2.25B of the 1991 Act".
14
11 Section 48B (heading)
15
Repeal the heading, substitute:
16
48B Payment of energy supplement
17
12 Subsection 48B(1)
18
Omit "Seniors supplement", substitute "Energy supplement under
19
Part 2.25B of the 1991 Act".
20
13 Subsection 48B(2)
21
Omit "seniors supplement", substitute "energy supplement".
22
Energy supplement replacing seniors supplement Schedule 4
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
27
14 Paragraph 48B(3)(a)
1
Omit "seniors supplement", substitute "energy supplement".
2
15 Subsection 48B(4) (paragraph (a) of the definition of
3
instalment period)
4
Omit "seniors supplement", substitute "energy supplement".
5
16 Subsection 48B(4) (note to paragraph (a) of the definition
6
of instalment period)
7
Omit "seniors supplement", substitute "energy supplement".
8
17 Subparagraphs 66A(2)(a)(i) and (3)(a)(i)
9
Omit "seniors supplement", substitute "energy supplement under
10
Part 2.25B of the 1991 Act".
11
18 Subsection 68(1)
12
Omit "seniors supplement", substitute "energy supplement under
13
Part 2.25B of the 1991 Act".
14
19 Subsection 69(1)
15
Omit "seniors supplement", substitute "energy supplement under
16
Part 2.25B of the 1991 Act".
17
20 Paragraph 75(1)(b)
18
Omit "seniors supplement", substitute "energy supplement under
19
Part 2.25B of the 1991 Act".
20
21 Section 78A
21
Omit "seniors supplement", substitute "energy supplement under
22
Part 2.25B of the 1991 Act".
23
22 Section 90A
24
Omit "seniors supplement", substitute "energy supplement under
25
Part 2.25B of the 1991 Act".
26
Schedule 4 Energy supplement replacing seniors supplement
Part 1 Main amendments
28
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
23 Section 123A (paragraph (e) of the definition of relevant
1
payment)
2
Omit "seniors supplement", substitute "energy supplement under
3
Part 2.25B of the 1991 Act".
4
24 Saving and transitional provisions
5
(1)
Paragraph 916D(3)(c) of the Social Security Act 1991 applies on and
6
after the commencement of this item as if a reference in that paragraph
7
to energy supplement included a reference to seniors supplement.
8
(2)
Despite the amendments made by items 7 and 12 to 16, Part 2.25B of
9
the Social Security Act 1991, and section 48B of the Social Security
10
(Administration) Act 1999, as in force immediately before the
11
commencement of this item, continue to apply on and after that
12
commencement in relation to an instalment period ending before that
13
commencement.
14
(3)
An election referred to in subparagraph 1061UA(2)(a)(i) of the Social
15
Security Act 1991 that was in force immediately before the
16
commencement of this item continues in force on and after that
17
commencement.
18
Veterans' Entitlements Act 1986
19
25 Paragraph 5H(8)(gb)
20
Omit "seniors supplement", substitute "energy supplement".
21
26 Subsection 5Q(1) (definition of seniors supplement)
22
Repeal the definition.
23
27 Section 59A (note 1)
24
Omit "Note 1", substitute "Note".
25
28 Section 59A (note 1)
26
Omit "and the rate of seniors supplement (see section 118PB)".
27
29 Section 59A (note 2)
28
Repeal the note.
29
Energy supplement replacing seniors supplement Schedule 4
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
29
30 Subsection 62E(1) (note 1)
1
Repeal the note.
2
31 Subsection 62E(1) (note 2)
3
Omit "Note 2", substitute "Note".
4
32 Paragraph 118B(3)(c)
5
Omit "seniors supplement under this Act or the Social Security Act",
6
substitute "energy supplement under Part VIIAD of this Act or
7
Part 2.25B of the Social Security Act".
8
33 Part VIIAD (heading)
9
Repeal the heading, substitute:
10
Part VIIAD--Energy supplement
11
34 Section 118P (heading)
12
Repeal the heading, substitute:
13
118P Eligibility for energy supplement
14
35 Subsection 118P(1)
15
Omit "for seniors supplement", substitute "for energy supplement".
16
36 Subparagraph 118P(1)(b)(iv)
17
Repeal the subparagraph, substitute:
18
(iv) energy supplement under Part 2.25B of the Social
19
Security Act.
20
37 Subsection 118P(2)
21
Omit "for seniors supplement", substitute "for energy supplement".
22
38 Subparagraph 118P(2)(d)(iv)
23
Repeal the subparagraph, substitute:
24
(iv) energy supplement under Part 2.25B of the Social
25
Security Act.
26
Schedule 4 Energy supplement replacing seniors supplement
Part 1 Main amendments
30
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
39 Section 118PA (heading)
1
Repeal the heading, substitute:
2
118PA When energy supplement is payable
3
40 Subsection 118PA(1)
4
Omit "Seniors supplement", substitute "Energy supplement".
5
41 Subsection 118PA(2)
6
Omit "seniors supplement", substitute "energy supplement".
7
42 Division 2 of Part VIIAD (heading)
8
Repeal the heading, substitute:
9
Division 2--Rate of energy supplement
10
43 Section 118PB (heading)
11
Repeal the heading, substitute:
12
118PB Rate of energy supplement
13
44 Subsections 118PB(1) and (1A)
14
Repeal the subsections, substitute:
15
(1) If subsection (2) applies to the person on a day, the person's daily
16
rate of energy supplement, for that day, is
1
/
364
of the amount
17
worked out using the following table:
18
19
Energy supplement
Item
Person's family situation
Amount of energy
supplement
1
Not a member of a couple
$366.60
2
Partnered
$275.60
3
Member of an illness separated
couple
$366.60
4
Member of a respite care couple
$366.60
Energy supplement replacing seniors supplement Schedule 4
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
31
Note:
For member of a couple, partnered, illness separated couple and
1
respite care couple see subsections 5E(1) and (5) and 5R(5) and (6)
2
respectively.
3
45 Subsection 118PB(2) (heading)
4
Repeal the heading.
5
46 Division 3 of Part VIIAD
6
Repeal the Division, substitute:
7
Division 3--Payment of energy supplement
8
118PC Payment of energy supplement
9
(1) Energy supplement under this Part is to be paid by instalments.
10
(2) An instalment of energy supplement is to be paid to a person as
11
soon as is reasonably practicable after the end of an instalment
12
period.
13
(3) The amount of the instalment is worked out by:
14
(a) working out the person's amount of energy supplement for
15
each day in the instalment period (using the daily rate of the
16
supplement for that day); and
17
(b) adding up the amounts resulting from paragraph (a).
18
(4) In this section:
19
instalment period means a period:
20
(a) in relation to each day of which energy supplement is
21
payable to the person; and
22
Note:
For when energy supplement is payable to the person, see
23
section 118PA.
24
(b) that either begins on any 20 March, 20 June, 20 September or
25
20 December or does not include any such day; and
26
(c) that either ends on any 19 March, 19 June, 19 September or
27
19 December or does not include any such day; and
28
(d) that is not included in a longer instalment period.
29
Schedule 4 Energy supplement replacing seniors supplement
Part 1 Main amendments
32
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
47 Subsections 122A(1A) and (1C)
1
Omit "seniors supplement", substitute "energy supplement under
2
Part VIIAD".
3
48 Saving and transitional provisions
4
(1)
Despite the amendments made by items 33 to 46, Part VIIAD of the
5
Veterans' Entitlements Act 1986, as in force immediately before the
6
commencement of this item, continues to apply on and after that
7
commencement in relation to an instalment period ending before that
8
commencement.
9
(2)
An election referred to in subparagraph 118PA(2)(a)(i) of the Veterans'
10
Entitlements Act 1986 that was in force immediately before the
11
commencement of this item continues in force on and after that
12
commencement.
13
Energy supplement replacing seniors supplement Schedule 4
Consequential amendments Part 2
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
33
Part 2
--Consequential amendments
1
Income Tax Assessment Act 1997
2
49 Section 52-10 (table item 22B.1)
3
Omit "Seniors supplement", substitute "Energy supplement under
4
Part 2.25B of the Social Security Act 1991".
5
50 Section 52-40 (table item 22B)
6
Omit "Seniors supplement", substitute "Energy supplement".
7
51 Section 52-65 (table item 16A.1)
8
Omit "Seniors supplement", substitute "Energy supplement under
9
Part VIIAD of the Veterans' Entitlements Act 1986".
10
52 Section 52-75 (table item 16A)
11
Omit "Seniors supplement", substitute "Energy supplement".
12
53 Saving provision
13
Despite the amendments of sections 52-10 and 52-65 of the Income Tax
14
Assessment Act 1997 made by this Schedule, item 22B.1 of the table in
15
section 52-10 of that Act, and item 16A.1 of the table in section 52-65
16
of that Act, as in force immediately before the commencement of this
17
item, continue to apply on and after that commencement in relation to a
18
payment of seniors supplement made before, on or after that
19
commencement.
20
Military Rehabilitation and Compensation Act 2004
21
54 Paragraph 222(5)(d)
22
Repeal the paragraph, substitute:
23
(d) energy supplement under Part 2.25B of the Social Security
24
Act 1991 or Part VIIAD of the Veterans' Entitlements Act
25
1986; or
26
Schedule 4 Energy supplement replacing seniors supplement
Part 2 Consequential amendments
34
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
55 Paragraph 246(4)(d)
1
Repeal the paragraph, substitute:
2
(d) energy supplement under Part 2.25B of the Social Security
3
Act 1991 or Part VIIAD of the Veterans' Entitlements Act
4
1986; or
5
Energy supplement replacing seniors supplement Schedule 4
Transitional provisions Part 3
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
35
Part 3
--Transitional provisions
1
56 Transitional provision
--seniors supplement
2
If a person has been paid seniors supplement under Part 2.25B of the
3
Social Security Act 1991 or Part VIIAD of the Veterans' Entitlements
4
Act 1986 in relation to a day on or after 20 June 2015 and before
5
20 September 2015, then the amendments made by this Schedule do not
6
apply in relation to the person in relation to that day.
7
Schedule 5 Pensioner education supplement
Part 1 Main amendments
36
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
Schedule 5
--Pensioner education supplement
1
Part 1
--Main amendments
2
Social Security Act 1991
3
1 Subsection 7(6)
4
Omit "a pensioner education supplement,".
5
2 Subsection 17(1) (subparagraph (l)(v) of the definition of
6
compensation affected payment)
7
Repeal the subparagraph.
8
3 Subsection 17(1) (paragraph (l) of the definition of
9
compensation affected payment)
10
Omit "or supplement,".
11
4 Subsection 17(1) (paragraph (m) of the definition of
12
compensation affected payment)
13
Repeal the paragraph, substitute:
14
(m) a fares allowance, where the allowance or payment (the
15
underlying compensation affected payment) mentioned in
16
subparagraph 1061ZAAA(1)(b)(i), (ii) or (iii) is a
17
compensation affected payment to which any of
18
paragraphs (aa) to (k) of this definition applies; or
19
5 Subsection 19AB(2) (note at the end of the definition of
20
approved course of education or study)
21
Repeal the note.
22
6 Subsection 23(1) (definition of independent)
23
Repeal the definition, substitute:
24
independent, in Parts 2.11, 2.11B, 3.4A, 3.4B, 3.5 and 3.7, has the
25
meaning given by section 1067A.
26
Pensioner education supplement Schedule 5
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
37
7 Subsection 23(1) (paragraph (cb) of the definition of newly
1
arrived resident's waiting period)
2
Repeal the paragraph.
3
8 Subsection 23(1) (paragraph (a) of the definition of payday)
4
Omit ", a double orphan pension or a pensioner education supplement",
5
substitute "or a double orphan pension".
6
9 Subsection 23(1) (paragraph (a) of the definition of payday)
7
Omit ", supplement".
8
10 Paragraph 23(4AA)(c)
9
Repeal the paragraph.
10
11 Paragraphs 23(10F)(c) and (d)
11
Omit "paragraph 1061PB(1)(b)", substitute "subsection 541B(5)".
12
12 Section 119
13
Repeal the section.
14
13 Subsection 503AA(1)
15
Repeal the subsection.
16
14 Subsection 503AA(2)
17
Omit "(2)".
18
15 Subparagraph 569H(7)(g)(iii)
19
Omit ", 569A(b) or 1061PB(1)(b)", substitute "or 569A(b)".
20
16 Subsection 1049(1)
21
Repeal the subsection.
22
17 Part 2.24A
23
Repeal the Part.
24
18 At the end of subparagraph 1061ZAAA(1)(b)(iii)
25
Add "and".
26
Schedule 5 Pensioner education supplement
Part 1 Main amendments
38
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
19 Subparagraph 1061ZAAA(1)(b)(iv)
1
Repeal the subparagraph.
2
20 Section 1158
3
Omit ", a mobility allowance or a pensioner education supplement",
4
substitute "or a mobility allowance".
5
Social Security (Administration) Act 1999
6
21 Subsection 15(5) (paragraph (i) of the definition of
7
supplementary payment)
8
Omit "allowance; or", substitute "allowance.".
9
22 Subsection 15(5) (paragraph (j) of the definition of
10
supplementary payment)
11
Repeal the paragraph.
12
23 Subsection 50(3)
13
Repeal the subsection.
14
24 Paragraph 52(1)(h)
15
Repeal the paragraph.
16
25 Paragraphs 55(4A)(a) and (b)
17
Omit ", austudy payment or pensioner education supplement"
18
(wherever occurring), substitute "or austudy payment".
19
26 Section 123TC (paragraphs (i) and (o) of the definition of
20
category I welfare payment)
21
Repeal the paragraphs.
22
27 Section 123TC (paragraphs (d) and (i) of the definition of
23
category Q welfare payment)
24
Repeal the paragraphs.
25
Pensioner education supplement Schedule 5
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
39
28 Subclause 1(1) of Schedule 1 (paragraph (i) of the
1
definition of social security periodic payment)
2
Repeal the paragraph.
3
29 Clauses 30 to 32 of Schedule 2
4
Repeal the clauses.
5
Schedule 5 Pensioner education supplement
Part 2 Other amendments
40
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
Part 2
--Other amendments
1
A New Tax System (Family Assistance) Act 1999
2
30 Subparagraph 14(1A)(b)(i)
3
Omit ", 17(1)(c)".
4
31 Paragraph 17(1)(c)
5
Repeal the paragraph.
6
Farm Household Support Act 2014
7
32 Paragraph 94(i)
8
Repeal the paragraph.
9
Income Tax Assessment Act 1997
10
33 Section 52-10 (table item 22A.1)
11
Repeal the item.
12
34 Section 52-40 (table item 22A)
13
Repeal the item.
14
Pensioner education supplement Schedule 5
Application and saving provisions Part 3
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
41
Part 3
--Application and saving provisions
1
35 Application and saving provisions
2
(1)
Despite the amendments of the definition of compensation affected
3
payment in subsection 17(1) of the Social Security Act 1991 made by
4
Part 1 of this Schedule, Parts 3.6A and 3.14 of that Act continue to
5
apply as if those amendments had not been made.
6
(2)
Despite the amendments made by items 12, 13, 14 and 16, sections 119,
7
503AA and 1049 of the Social Security Act 1991, as in force
8
immediately before the commencement of this item, continue to apply
9
on and after that commencement in relation to working out whether an
10
approved program of work supplement, or language, literacy and
11
numeracy supplement, is payable in respect of a fortnight beginning
12
before that commencement.
13
(3)
Despite the amendment made by item 17, Part 2.24A of the Social
14
Security Act 1991, as in force immediately before the commencement of
15
this item, continues to apply on and after that commencement in relation
16
to days occurring before that commencement.
17
(4)
Despite the amendments made by items 18 and 19,
18
paragraph 1061ZAAA(1)(b) of the Social Security Act 1991, as in force
19
immediately before the commencement of this item, continues to apply
20
on and after that commencement in relation to a relevant period that
21
began before that commencement.
22
(5)
Despite the amendment made by item 20, section 1158 of the Social
23
Security Act 1991, as in force immediately before the commencement of
24
this item, continues to apply on and after that commencement in relation
25
to days occurring before that commencement.
26
(6)
Despite the amendments made by items 23 and 25, subsections 50(3)
27
and 55(4A) of the Social Security (Administration) Act 1999, as in force
28
immediately before the commencement of this item, continue to apply
29
on and after that commencement in relation to the payment of fares
30
allowance on or after that commencement, to the extent that payment is
31
being made because of the receipt of pensioner education supplement.
32
Schedule 5 Pensioner education supplement
Part 3 Application and saving provisions
42
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
(7)
Despite the amendment made by item 24, paragraph 52(1)(h) of the
1
Social Security (Administration) Act 1999, as in force immediately
2
before the commencement of this item, continues to apply on and after
3
that commencement in relation to the payment of pensioner education
4
supplement on or after that commencement.
5
(8)
Despite the amendments of the definitions of category I welfare
6
payment and category Q welfare payment in section 123TC of the
7
Social Security (Administration) Act 1999 made by Part 1 of this
8
Schedule, Part 3B of that Act continues to apply as if those amendments
9
had not been made.
10
(9)
Despite the amendments made by items 30 and 31,
11
subparagraph 14(1A)(b)(i) and paragraph 17(1)(c) of the A New Tax
12
System (Family Assistance) Act 1999, as in force immediately before
13
the commencement of this item, continue to apply on and after that
14
commencement in relation to working out whether an individual
15
satisfies the work/training/study test, or has recognised study
16
commitments, before, on or after that commencement.
17
(10)
Despite the amendment made by item 33, item 22A.1 of the table in
18
section 52-10 of the Income Tax Assessment Act 1997, as in force
19
immediately before the commencement of this item, continues to apply
20
on and after that commencement in relation to a payment of pensioner
21
education supplement before, on or after that commencement.
22
Education entry payment Schedule 6
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
43
Schedule 6
--Education entry payment
1
Part 1
--Main amendments
2
Social Security Act 1991
3
1 Subsection 17(1) (subparagraph (l)(iv) of the definition of
4
compensation affected payment)
5
Repeal the subparagraph.
6
2 Subsection 17(1) (paragraph (l) of the definition of
7
compensation affected payment)
8
Omit "allowance, payment", substitute "allowance,".
9
3 Part 2.13A
10
Repeal the Part.
11
4 Subsection 1222(2) (table item 7)
12
Repeal the item.
13
5 Paragraph 1223ABAAB(1)(a)
14
Omit "or an education entry payment supplement".
15
6 Paragraph 1223ABAAB(2)(e)
16
Omit "benefit; and", substitute "benefit.".
17
7 Paragraph 1223ABAAB(2)(h)
18
Repeal the paragraph.
19
8 Section 1224B
20
Repeal the section.
21
Schedule 6 Education entry payment
Part 1 Main amendments
44
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
Social Security (Administration) Act 1999
1
9 Subsection 15(5) (paragraph (c) of the definition of
2
supplementary payment)
3
Repeal the paragraph.
4
10 Subsection 47(1) (paragraph (d) of the definition of lump
5
sum benefit)
6
Repeal the paragraph.
7
11 Section 123TC (paragraph (c) of the definition of
8
household stimulus payment)
9
Repeal the paragraph.
10
Veterans' Entitlements Act 1986
11
12 Subsection 5NB(1) (paragraph (c) of the definition of
12
compensation affected pension)
13
Omit "age; or", substitute "age.".
14
13 Subsection 5NB(1) (paragraph (f) of the definition of
15
compensation affected pension)
16
Repeal the paragraph.
17
14 Subsection 59M(1)
18
Omit "pensions, supplements and payments", substitute "pensions and
19
supplements".
20
15 Paragraph 59M(1)(f)
21
Omit "supplement;", substitute "supplement.".
22
16 Paragraph 59M(1)(i)
23
Repeal the paragraph.
24
17 Subsection 59M(1) (note 2)
25
Omit "pensions, supplements, allowances and payments", substitute
26
"pensions and supplements".
27
Education entry payment Schedule 6
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
45
18 Subsections 59M(2), (3) and (4)
1
Omit ", supplement or payment", substitute "or supplement".
2
19 Part VIIAA
3
Repeal the Part.
4
Schedule 6 Education entry payment
Part 2 Other amendments
46
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
Part 2
--Other amendments
1
Farm Household Support Act 2014
2
20 Paragraph 94(e)
3
Repeal the paragraph.
4
Income Tax Assessment Act 1936
5
21 Subparagraph 160AAAA(2)(c)(i)
6
Omit "or education entry payment".
7
22 Subparagraph 160AAAB(2)(c)(i)
8
Omit "or education entry payment".
9
Income Tax Assessment Act 1997
10
23 Section 11-
15 (table item headed "social security or like
11
payments")
12
Omit:
13
education entry payment supplement under the Social
Security Act 1991 ...........................................................
52-10
24 Paragraph 51-35(e)
14
Omit "purposes;", substitute "purposes.".
15
25 Paragraph 51-35(f)
16
Repeal the paragraph.
17
26 Section 51-40
18
Repeal the section, substitute:
19
Education entry payment Schedule 6
Other amendments Part 2
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
47
51-40 Payments to a secondary student
1
A
*
Commonwealth education or training payment made to or on
2
behalf of a student is not exempt from income tax under item 2.1B
3
of the table in section 51-10.
4
Note:
The whole or part of a Commonwealth education or training payment
5
may be exempt under Subdivision 52-E or 52-F.
6
27 Paragraph 52-10(1)(za)
7
Repeal the paragraph.
8
28 Subsection 52-10(1J)
9
Repeal the subsection.
10
29 Section 55-10
11
Repeal the section.
12
Taxation Administration Act 1953
13
30 Paragraph 12-110(1)(c) in Schedule 1
14
Omit ", 55-5 or 55-10", substitute "or 55-5".
15
Schedule 6 Education entry payment
Part 3 Application and saving provisions
48
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
No. , 2015
Part 3
--Application and saving provisions
1
31 Application and saving provisions
2
(1)
Despite the amendments of the definition of compensation affected
3
payment in subsection 17(1) of the Social Security Act 1991 made by
4
Part 1 of this Schedule, Parts 3.6A and 3.14 of that Act continue to
5
apply as if those amendments had not been made.
6
(2)
Despite the amendment made by item 3, Part 2.13A of the Social
7
Security Act 1991, as in force immediately before the commencement of
8
this item, continues to apply on and after that commencement in relation
9
to the 2015 calendar year and earlier calendar years.
10
(3)
Despite the amendments made by items 5 to 8, sections 1223ABAAB
11
and 1224B of the Social Security Act 1991, as in force immediately
12
before the commencement of this item, continue to apply on and after
13
that commencement in relation to payments of education entry payment
14
supplement or education entry payment made before, on or after that
15
commencement.
16
(4)
Despite the amendments of the definition of compensation affected
17
pension in subsection 5NB(1) of the Veterans' Entitlements Act 1986
18
made by Part 1 of this Schedule, Part IIIC of that Act continues to apply
19
as if those amendments had not been made.
20
(5)
Despite the amendment made by item 19, Part VIIAA of the Veterans'
21
Entitlements Act 1986, as in force immediately before the
22
commencement of this item, continues to apply on and after that
23
commencement in relation to the 2015 calendar year and earlier
24
calendar years.
25
(6)
Despite the amendments made by items 21 and 22,
26
subparagraphs 160AAAA(2)(c)(i) and 160AAAB(2)(c)(i) of the Income
27
Tax Assessment Act 1936, as in force immediately before the
28
commencement of this item, continue to apply on and after that
29
commencement in relation to payments of education entry payment
30
made before, on or after that commencement.
31
(7)
Despite the amendments made by items 25, 26 and 29,
32
paragraph 51-35(f) and sections 51-40 and 55-10 of the Income Tax
33
Education entry payment Schedule 6
Application and saving provisions Part 3
No. , 2015
Social Services Legislation Amendment (Fair and Sustainable
Pensions) Bill 2015
49
Assessment Act 1997, as in force immediately before the
1
commencement of this item, continue to apply on and after that
2
commencement in relation to payments of education entry payment
3
made before, on or after that commencement.
4
(8)
Despite the amendment made by item 28, subsection 52-10(1J) of the
5
Income Tax Assessment Act 1997, as in force immediately before the
6
commencement of this item, continues to apply on and after that
7
commencement in relation to payments of education entry payment
8
supplement made before that commencement.
9