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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Social
Security Legislation Amendment Bill (No. 1)
1996
No. ,
1996
(Social
Security)
A Bill for an Act to amend the
law relating to social security, and for related purposes
9612620—3,025/4.10.1996—(126/96) Cat.
No. 96 5225 6 ISBN 0644 477164
Contents
A Bill for an Act to amend the law relating to social
security, and for related purposes
The
Parliament of Australia enacts:
This Act may be cited as the Social Security Legislation Amendment Act
(No. 1) 1996.
(1) Subject to subsections (2) and (3), this Act commences on the day on
which it receives the Royal Assent.
(2) Item 1 of Schedule 3 is taken to have commenced on 1 January 1996,
immediately after the commencement of Schedule 2 to the Social Security
Legislation Amendment (Family Measures) Act 1995.
(3) Schedule 4 is taken to have commenced on 1 January 1993, immediately
after the commencement of the Social Security (Family Payment) Amendment Act
1992.
Subject to section 2, each Act specified in a Schedule to this Act
is amended in accordance with the applicable items in the Schedule concerned,
and any other item in a Schedule to this Act has effect according to its
terms.
1 After section 1118
Insert:
(1) In this section:
application day, in relation to a person who was a recipient
of a social security payment immediately before 28 September 1995, means the
day, on or after that date, on which the person applied or applies for review of
the rate of that social security payment because of the expected enactment, or
the operation, of this section.
(2) Subject to subsection (3), the value of a person’s assets for
the purposes of this Act (other than subparagraph 263(1)(d)(iv) and sections
1124A, 1125, 1125A and 1126) is reduced by the sum of any amounts received by
the person from the Mark Fitzpatrick Trust.
(3) Subsection (2) has effect, or is taken to have had effect, as the case
may be:
(a) for a person who was a recipient of a social security pension
immediately before 28 September 1995—on the first pension payday after the
application day; or
(b) for a person who was a recipient of a social security payment other
than a social security pension immediately before 28 September
1995—on the next day, after the application day, on which the person
received or receives an instalment of the payment; or
(c) for a person who became or becomes a recipient of a social security
payment on or after 28 September 1995—on the day on which the person
received or receives the first instalment of the payment.
1 Paragraphs 146V(1)(a) and
(b)
Repeal the paragraphs, substitute:
(a) her claim for the pension was lodged on or before 30 June 1995 and she
qualified for the pension on or before that date; or
(b) all the following subparagraphs apply:
(i) she began to receive mature age partner allowance on or before 30 June
1995;
(ii) her partner was receiving a mature age allowance under Part 2.12A but
has, after 30 June 1995, become qualified for an age pension and been
automatically transferred to the age pension;
(iii) she received mature age partner allowance for a continuous period
from the time when she began to receive the allowance until her partner was
automatically transferred to the age pension as mentioned in subparagraph
(ii).
2 Paragraph 152(3)(a)
Repeal the paragraph, substitute:
(a) a woman:
(i) is receiving a mature age partner allowance; or
(ii) was receiving a mature age partner allowance immediately before her
partner was automatically transferred after 30 June 1995 from a mature age
allowance under Part 2.12A to an age pension; and
1 Point 1210-A1 (method statement, step
5)
After “minimum”, insert “standard”.
2 Schedule 1A (subclause 54(1), method
statement, step 3)
Repeal the step, substitute:
Step 3. Work out the person’s notional family payment
rate as follows on the assumption that the person would have qualified
for family payment.
Add:
(a) the standard family payment rate calculated under point 1069-B2; and
(b) the amount of guardian allowance;
and then subtract the minimum standard family payment rate worked out
under point 1069-B6.
3 Schedule 1A (subclause 54(2), method
statement, step 2)
Repeal the step, substitute:
Step 2. Work out the person’s notional family payment
rate as follows on the assumption that the person would have qualified
for family payment.
Add:
(a) the standard family payment rate calculated under point 1069-B2; and
(b) the amount of guardian allowance;
and then subtract the minimum standard family payment rate worked out
under point 1069-B6.
4 Schedule 1A (subclause 54(5), method
statement, step 3)
Repeal the step, substitute:
Step 3. Work out the person’s notional family payment
rate as follows on the assumption that the person would have qualified
for family payment.
Add:
(a) the standard family payment rate calculated under point 1069-B2; and
(b) the amount of guardian allowance;
and then subtract the minimum standard family payment rate worked out
under point 1069-B6.
1 Point 1064-E10
Repeal the point, substitute:
Pension reduction for ordinary income in excess of ordinary income free
area
1064-E10 A person’s reduction for ordinary income is worked out by
dividing the person’s ordinary income excess by 2.