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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Social
Security Legislation Amendment (Concession Cards) Bill
2000
No. ,
2000
(Family and Community
Services)
A Bill for an Act to amend the
social security law and certain other laws in relation to social security
concession cards, and for related purposes
ISBN:
0642 464235
Contents
Social Security Act
1991 3
Social Security (Administration) Act
1999 23
Health Insurance Act
1973 33
National Health Act
1953 33
A Bill for an Act to amend the social security law and
certain other laws in relation to social security concession cards, and for
related purposes
The Parliament of Australia enacts:
This Act may be cited as the Social Security Legislation Amendment
(Concession Cards) Act 2000.
This Act commences on 1 July 2001.
(1) On and after 1 July 2001, section 3 of the Social
Security Legislation Amendment (Newly Arrived Resident’s Waiting Periods
and Other Measures) Act 1997 applies in relation to Part 2A.1 of the
Social Security Act 1991, as amended by this Act, in the same way as
before that date it applied to Part 2A.1 of the Social Security Act
1991.
(2) On and after 1 July 2001, section 3 of the Social
Security Legislation Amendment (Newly Arrived Resident’s Waiting Periods
and Other Measures) Act 1997 applies in relation to the provisions of the
Health Insurance Act 1973, as amended by this Act, in the same way as
before that date it applied to the provisions of the Health Insurance Act
1973.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
1 Section 6A
Repeal the section, substitute:
(1) In this Act, unless the contrary intention appears:
automatic issue card means:
(a) a pensioner concession card; or
(b) an automatic issue health care card.
automatic issue health care card means a health care card
issued to a person qualified for the card under Subdivision A of Division 3
of Part 2A.1.
dependant, in relation to a person who is the holder of a
pensioner concession card or an automatic issue health care card (other than a
health care card for which the person is qualified under subsection 1061ZK(4)),
means a person who is:
(a) the partner; or
(b) a dependent child;
of the holder of the card.
dependant, in relation to a person who is the holder of a
health care card for which the person is qualified under subsection 1061ZK(4) or
Subdivision B of Division 3 of Part 2A.1, means a person who
is:
(a) the partner; or
(b) an FTB child;
of the holder of the card.
dependant, in relation to a person, other than a child in
foster care, who has made a claim for a health care card (the
claimant), means a person who is:
(a) the partner; or
(b) an FTB child;
of the claimant.
(2) For the purposes of the operation of a definition of
dependant in subsection (1) in relation to a provision of
Part 2A.1, a person (the child) is an FTB child of another
person (the adult) if:
(a) the child is an FTB child of the adult within the meaning of the
Family Assistance Act; and
(b) either:
(i) the child is under 16 years of age; or
(ii) the child is 16, but not yet 19, years of age and is undertaking
secondary studies.
(3) For the purposes of the operation of a definition of
dependant in subsection (1) in relation to a provision of
this Act (other than a provision of Part 2A.1), a person (the
child) is an FTB child of another person (the adult)
if the child is an FTB child of the adult within the meaning of the Family
Assistance Act.
2 Subsection 7(6)
Omit “or a seniors health card”, substitute “, a seniors
health card or a health care card”.
3 Subsection 7(6AA)
Omit “or a seniors health card”, substitute “, a seniors
health card or a health care card”.
4 Subsection 23(1) (paragraph (k) of the
definition of newly arrived resident’s waiting
period)
Omit “section 1061ZA”, substitute
“section 1061ZH”.
5 Subsection 23(1) (after paragraph (k) of
the definition of newly arrived resident’s waiting
period)
Insert:
(ka) a health care card newly arrived resident’s waiting period
under section 1061ZQ; or
6 Part 2A.1
Repeal the Part, substitute:
(1) Subject to subsection (3), a person is qualified for a pensioner
concession card on a day if:
(a) a social security pension; or
(b) a mature age allowance under Part 2.12B;
is payable to the person for that day.
(2) Subject to subsection (3), a person is qualified for a pensioner
concession card on a day (the qualification day) if, on that
day:
(a) the person has attained 60 years of age; and
(b) the person is receiving:
(i) newstart allowance; or
(ii) partner allowance; or
(iii) widow allowance; or
(iv) benefit PP (partnered); or
(v) sickness allowance; or
(vi) special benefit; and
(c) the person has been receiving, for a continuous period of not less
than 39 weeks ending immediately before the qualification day:
(i) one or more of the social security benefits referred to in
paragraph (b); or
(ii) a social security pension.
(3) Subject to subsection (4), subsections (1) and (2) only
apply to a person in relation to a day on which the person is in Australia and
is an Australian resident.
(4) In spite of subsection (3), subsections (1) and (2) apply to
a person in relation to a day on which the person:
(a) is in Australia; and
(b) is receiving a social security pension or benefit solely because of
the operation of the scheduled international agreement between Australia and New
Zealand.
(1) Subject to subsection (2), if:
(a) a person is receiving:
(i) a mature age allowance under Part 2.12A; or
(ii) a mature age partner allowance under Part 2.12A; or
(iii) a mature age allowance under Part 2.12B; and
(b) either:
(i) the person or the person’s partner commences employment;
or
(ii) there is an increase in the ordinary income of the person or the
person’s partner from employment; and
(c) but for the commencement of employment or increase in ordinary income,
as the case may be, the person would have been, or would have continued to be,
qualified for a pensioner concession card under subsection 1061ZA(1);
the person is qualified for a pensioner concession card for the period of
26 weeks after the commencement or increase, as the case may be.
(2) Subsection (1) only applies to a person while the person is in
Australia and is an Australian resident.
(3) If, during the period of 26 weeks referred to in subsection (1),
a person receives an instalment of a social security pension or a mature age
allowance under Part 2.12B that relates to one or more days within that
period, the person is not qualified under this section for a pensioner
concession card on the day or days in relation to which the person receives the
instalment.
(1) Subject to subsection (2), if:
(a) a person has been receiving a social security benefit referred to in
paragraph 1061ZA(2)(b) for a continuous period of not less than 39 weeks;
and
(b) either:
(i) the person or the person’s partner commences employment;
or
(ii) there is an increase in the ordinary income of the person or the
person’s partner from employment; and
(c) but for the commencement of employment or increase in ordinary income,
as the case may be, the person would have been, or would have continued to be,
qualified for a pensioner concession card under subsection 1061ZA(2);
the person is qualified for a pensioner concession card for the period of
26 weeks after the commencement or increase, as the case may be.
(2) Subject to subsection (4), subsection (1) only applies to a
person while the person is in Australia and is an Australian resident.
(3) If, during the period of 26 weeks referred to in subsection (1),
a person receives an instalment of a social security pension or a mature age
allowance under Part 2.12B that relates to one or more days within that
period, the person is not qualified under this section for a pensioner
concession card on the day or days in relation to which the person receives the
instalment.
(4) In spite of subsection (2), subsection (1) applies to a
person when:
(a) the person is in Australia; and
(b) the social security benefit that the person had been receiving was
received solely because of the operation of the scheduled international
agreement between Australia and New Zealand.
(1) Subject to subsection (5), a person is qualified for a pensioner
concession card for the period of 52 weeks starting on the day on which this
section begins to apply to the person.
(2) Subject to subsection (4), this section applies to a person
if:
(a) the person has been receiving a disability support pension;
and
(b) the person commences employment that requires him or her to work for
at least 30 hours per week; and
(c) because of the commencement of that employment, the person ceases to
be qualified for the disability support pension.
(3) Subject to subsection (4), this section applies to a person
if:
(a) the person has been receiving a disability support pension;
and
(b) the disability support pension ceases to be payable to the person
because of an increase in the person’s ordinary income from
employment.
(4) Subject to subsection (6), this section only applies to a person
while the person is in Australia and is an Australian resident.
(5) If, during the period of 52 weeks referred to in subsection (1),
a person receives an instalment of a social security pension or a mature age
allowance under Part 2.12B that relates to one or more days within that
period, the person is not qualified under this section for a pensioner
concession card on the day or days in relation to which the person receives the
instalment.
(6) In spite of subsection (4), this section applies to a person in
relation to a day if:
(a) the person is in Australia on that day; and
(b) the disability support pension that the person had been receiving was
received solely because of the operation of the scheduled international
agreement between Australia and New Zealand.
(1) Subject to subsection (5), a person is qualified for a pensioner
concession card for the period of 52 weeks starting on the day on which this
section begins to apply to the person.
(2) Subject to subsection (4), this section applies to a person
if:
(a) the person has been receiving a wife pension; and
(b) the person’s partner has been receiving disability support
pension; and
(c) the person’s partner commences employment that requires him to
work for at least 30 hours per week; and
(d) because of the commencement of that employment, the person ceases to
be qualified for the wife pension.
(3) Subject to subsection (4), this section applies to a person
if:
(a) the person has been receiving a wife pension; and
(b) the person’s partner has been receiving disability support
pension; and
(c) the wife pension ceases to be payable to the person because of an
increase in the income of the person’s partner from employment.
(4) Subject to subsection (6), this section only applies to a person
while the person is in Australia and is an Australian resident.
(5) If, during the period of 52 weeks referred to in subsection (1),
a person receives an instalment of a social security pension or a mature age
allowance under Part 2.12B that relates to one or more days within that
period, the person is not qualified under this section for a pensioner
concession card on the day or days in relation to which the person receives the
instalment.
(6) In spite of subsection (4), this section applies to a person in
relation to a day if:
(a) the person is in Australia on that day; and
(b) the wife pension that the person had been receiving was received
solely because of the operation of the scheduled international agreement between
Australia and New Zealand.
The Secretary must issue a pensioner concession card to a person who is
qualified for such a card.
(1) Subject to subsection (2), a person is qualified for a seniors
health card on a day if, on that day, the person:
(a) has reached pension age; and
(b) is an Australian resident; and
(c) is in Australia; and
(d) satisfies the seniors health card taxable income test; and
(e) is not receiving a social security pension or benefit; and
(f) is not receiving a service pension; and
(g) is not subject to a newly arrived resident’s waiting
period.
(2) A person is not qualified for a seniors health card on a day
if:
(a) the person has failed to comply with section 1061ZJ in respect of
the reference tax year; or
(b) where the person made an estimate of taxable income for the reference
tax year and the estimate was accepted—the person did not give the
Secretary a copy of a notice of assessment of the person’s taxable income
for that tax year within 52 weeks after the end of that tax year.
(3) In subsection (2):
reference tax year has the same meaning as in the Seniors
Health Card Taxable Income Test Calculator.
(1) Subject to subsections (2), (3) and (4), for the
purposes of this Division, a person who:
(a) has entered Australia on or after 1 February 2000; and
(b) has not been an Australian resident and in Australia for a period of,
or periods totalling, 104 weeks;
is subject to a newly arrived resident's waiting period.
(2) Subsection (1) does not apply to a person who has a
qualifying residence exemption for a seniors health card.
(3) Subsection (1) does not apply to a person who has
already served a newly arrived resident's waiting period.
(4) Subsection (1) does not apply to a person
if:
(a) the person is a New Zealand citizen; and
(b) the person was an Australian resident on 1 February
2000.
(5) If, before 1 February 2000, a person had begun to serve a waiting
period under subsection 1061ZA(2) of this Act as then in force but had not
served the whole of the waiting period:
(a) the person is subject to a waiting period under this section;
and
(b) this Division applies in relation to the person as if:
(i) this Division had been in force when the person began to serve the
waiting period; and
(ii) the part of the waiting period served before 1 February 2000 had
been served under this section.
If a person is subject to a newly arrived resident’s waiting
period, the period:
(a) starts on the day on which the person first became an Australian
resident; and
(b) ends when the person has been an Australian resident and in Australia
for a period of, or for periods totalling, 104 weeks.
If a person who is the holder of a seniors health card receives a notice
of assessment or amended assessment of his or her taxable income for a
particular tax year, the person must, if requested by the Secretary to do so,
give a copy of the notice to the Secretary within 13 weeks after the day on
which the notice was received.
(1) A person is qualified for a health care card on a day if this section
applies to the person on that day.
(2) This section applies to a child on a day if a person is qualified
under Part 2.19 for carer allowance for the child on that day.
(3) This section applies to a disabled child on a day if all of the
following paragraphs are satisfied on that day:
(a) the child is or would, but for subsection 5(3), be a dependent child
of another person (the carer);
(b) because of his or her disability, the child needs, on a daily basis, a
level of care and attention that is substantially more than that needed by a
person of the same age who does not have a physical, intellectual or psychiatric
disability;
(c) the child receives care and attention on a daily basis from:
(i) if the carer is a member of a couple—the carer, the
carer’s partner or the carer together with another person (whether or not
the carer’s partner); or
(ii) if the carer is not a member of a couple—the carer or the carer
together with another person;
(d) that care and attention is received in a private home that is the
residence of the child and the carer.
(4) This section applies to a person on a day if, on that day:
(a) the person is entitled, under the Family Assistance Administration
Act, to be paid family tax benefit by instalment; and
(b) the person’s daily rate of family tax benefit consists of, or
includes, a Part A rate calculated under Part 2 of Schedule 1 to the
Family Assistance Act; and
(c) the person’s income excess for the purposes of Division 4
of Part 2 of Schedule 1 to the Family Assistance Act is nil.
(5) This section applies to a person on a day if:
(a) the person is receiving a youth allowance on that day and, at the time
when a determination was made to grant the person the youth allowance, the
person was not undertaking full-time study; or
(b) the person is receiving, on that day:
(i) a newstart allowance; or
(ii) a partner allowance; or
(iii) a widow allowance; or
(iv) benefit PP (partnered); or
(v) sickness allowance; or
(vi) special benefit.
(6) This section applies to a person on a day if, on that day, the person
is receiving exceptional circumstances relief payment or farm help income
support under the Farm Household Support Act 1992.
(7) This section applies to a person on a day if, on that day:
(a) the person is receiving mobility allowance; or
(b) the person is qualified for such an allowance but the allowance is not
payable because of paragraph 1037(b).
(8) In this section:
disabled child means a person aged under 16 who:
(a) has a physical, intellectual or psychiatric disability; and
(b) is likely to suffer from that disability permanently or for an
extended period.
(9) This section has effect subject to section 1061ZN.
(1) A person to whom this section applies is qualified for a health care
card.
(2) This section applies to a person if:
(a) clause 108 of Schedule 1A applied to the person immediately
before the end of 30 June 1999; and
(b) the person is a disabled adult within the meaning of Part 2.19 as
that Part applies to the person in accordance with clause 108A of
Schedule 1A.
(3) This section has effect subject to section 1061ZN.
(1) Subject to subsection (2), if:
(a) either:
(i) a person who is an employment-affected person or the partner of such a
person commences employment; or
(ii) there is an increase in the ordinary income from employment of a
person who is an employment-affected person or the partner of such a person;
and
(b) the person has been a qualified recipient for a continuous period of
52 weeks immediately before the commencement of the employment or the increase,
as the case may be; and
(c) because of the commencement of employment or the increase in ordinary
income, as the case may be, the person ceases to be an employment-affected
person;
the person is qualified for a health care card for the period of 26 weeks
starting on the day on which the person ceases to be an employment-affected
person.
(2) If, during the period of 26 weeks referred to in subsection (1),
a person receives a payment of a social security pension or benefit specified in
the definition of employment-affected person in
subsection (3) that relates to one or more days within that period, the
person ceases to be qualified under this section for a health care card on the
day on which the person receives the payment.
(3) In this section:
employment-affected person means:
(a) a person who is receiving any of the following:
(i) pension PP (single);
(ii) newstart allowance;
(iii) sickness allowance;
(iv) special benefit;
(v) widow allowance;
(vi) partner allowance; or
(b) a person who is receiving a youth allowance but who is not undertaking
full-time study.
qualified recipient means:
(a) a person who is receiving:
(i) a social security pension, other than a pension under Part 2.16;
or
(ii) a social security benefit, other than a youth allowance or austudy
payment; or
(b) a person who is receiving a youth allowance but is not undertaking
full-time study.
(4) This section has effect subject to section 1061ZN.
(1) Sections 1061ZK, 1061ZL and 1061ZM only have effect in relation
to a person on a day on which:
(a) the person is in Australia and is:
(i) an Australian resident; or
(ii) the holder of a visa included in a class of visas determined by the
Minister for the purposes of this paragraph; or
(iii) a person declared by the Minister to be a person to whom this
subparagraph applies; or
(b) the person:
(i) is in Australia; and
(ii) is receiving a social security pension or benefit solely because of
the operation of the scheduled international agreement between Australia and New
Zealand.
(2) The Minister may declare that a person who:
(a) is included in a specified class of persons; and
(b) is, or has been, in Australia in specified circumstances;
is a person to whom subparagraph (1)(a)(iii) applies.
(3) The circumstances that may be specified in a declaration under
subsection (2) include circumstances that existed or exist at any time
before or after the making of the declaration.
(4) A declaration under subsection (2):
(a) must be in writing; and
(b) is a disallowable instrument.
(1) A person is qualified for a health care card on a day if this section
applies to the person on that day.
(2) This section applies to a person on a day if, on that day:
(a) in the case of a child—the person is:
(i) an Australian resident; or
(ii) living in Australia with an Australian resident; and
(b) in the case of a person other than a child—the person
is:
(i) an Australian resident; and
(ii) in Australia; and
(c) the person is not an FTB child aged over 16 years; and
(d) the person satisfies the health care card income test.
(3) This section applies to a person on a day if, on that day, the
person:
(a) is an Australian resident; and
(b) is in Australia; and
(c) is an FTB child who is 16 or more, but not yet 19, years of age;
and
(d) is not undertaking secondary studies; and
(e) satisfies the health care card income test.
(4) This section applies to a person on a day if, on that day, the
person:
(a) is an Australian resident; and
(b) is in Australia; and
(c) is an FTB child who is 19 or more years of age; and
(d) satisfies the health care card income test.
(5) This section applies to a child on a day if:
(a) on that day, the child is in foster care; and
(b) the child is living in Australia with an Australian resident;
and
(c) either:
(i) immediately before the commencement of the period of foster care, the
child was named on a pensioner concession card or a health care card as a
dependant of one or both of the child’s parents or guardians; or
(ii) the Secretary is not able to satisfy himself or herself whether the
child was so named on a pensioner concession card or a health care card;
and
(d) family tax benefit is being paid in respect of the child.
(6) If, during a continuous period of foster care, a child has been in the
care of 2 or more foster carers, the reference in subparagraph (5)(c)(i) to
the commencement of the period of foster care is a reference to the time at
which the child began to be cared for by the first of those carers.
(7) The Minister may declare that a person who:
(a) is included in a specified class of persons; and
(b) is, or has been, in Australia in specified circumstances;
is a person to whom this section applies.
(8) The circumstances that may be specified in a declaration under
subsection (7) include circumstances that existed or exist at any time
before or after the making of the declaration.
(9) A declaration under subsection (7):
(a) must be in writing; and
(b) is a disallowable instrument.
This Subdivision does not apply to a person while the person is subject
to a newly arrived resident’s waiting period.
(1) Subject to subsection (2), for the purposes of this Division, a
person who has entered Australia on or after 1 February 2000 is subject to
a newly arrived resident’s waiting period.
(2) Subsection (1) does not apply to a person who:
(a) has a qualifying residence exemption for a health care card;
or
(b) has already served a newly arrived resident’s waiting period;
or
(c) has been an Australian resident and in Australia for a period of, or
for periods totalling, 104 weeks; or
(d) holds, or formerly held, a visa included in a class of visas
determined by the Minister for the purposes of subsection 739A(6); or
(e) is not subject to a newly arrived resident’s waiting period
under subsection 739A(1) or (2) because of the operation of subsection
739A(7).
If a person is subject to a newly arrived resident’s waiting
period, the period:
(a) starts on the day on which the person first became an Australian
resident; and
(b) ends when the person has been an Australian resident and in Australia
for a period of, or for periods totalling, 104 weeks.
The Secretary must issue an automatic issue health care card to a person
who is qualified for such a card.
(1) Subject to subsection (2), a person is not qualified for a health
care card in respect of any day on which the person:
(a) is a dependant of any person; or
(b) is wholly or substantially dependent on:
(i) a resident of; or
(ii) a corporation carrying on business in; or
(iii) the government of;
a country other than Australia.
(2) Subsection (1) does not apply to:
(a) a person who is the partner of another person; or
(b) a person who is qualified for a health care card under subsection
1061ZK(2) or (3) or subsection 1061ZO(3), (4) or (5).
7 Paragraph 1067G-F3(d)
Repeal the paragraph, substitute:
(d) is a person to whom section 1061ZK applies by virtue of
subsection 1061ZK(5); or
(e) is a person to whom section 1061ZO applies by virtue of
subsection 1061ZO(2), (3) or (4).
8 After Part 3.9 of
Chapter 3
Insert:
The Health Care Card Income Test Calculator at the end of this section is
to be used in working out whether a person satisfies the health care card income
test for the purposes of Division 3 of Part 2A.1.
Satisfying the health care card income test: persons claiming a
card
1071A-1 This is how to work out whether a person claiming a health care
card satisfies the health care card income test on the day on which the person
claims the card, whether or not the person is the holder of a health care card
at that time.
Method statement
Step 1. Work out the amount of the person’s ascertained income
for the period of 8 weeks ending on the day on which the person lodged the
claim.
Step 2. Work out the amount of the person’s allowable income
for the period.
Step 3. If the person’s ascertained income for the period is
less than the person’s allowable income for the period, the person
satisfies the health care card income test.
Step 4. If the person’s ascertained income for the period
equals or exceeds the person’s allowable income for the period, the person
does not satisfy the health care card income test.
Satisfying the health care card income test: cardholders
1071A-2 This is how to work out whether a person who holds a health care
card satisfies the health care card income test at a particular time where there
has been a change in circumstances.
Method statement
Step 1. Work out the amount of the person’s ascertained income
for the period of 8 weeks ending on the day on which the change of circumstances
occurred.
Step 2. Work out the amount of the person’s allowable income
for the period.
Step 3. If the person’s ascertained income for the period is
less than 125% of the person’s allowable income for that period, the
person satisfies the health care card income test.
Step 4. If the person’s ascertained income for the period is
125% or more of the person’s allowable income for that period, the person
does not satisfy the health care card income test.
Cessation of dependency
1071A-3 For the purposes of point 1071A-2, if a person (the first
person) ceases to be a dependant of another person who is the holder of
a health care card:
(a) the fact that the first person has so ceased is to be disregarded for
a period of 4 weeks commencing on the day on which the first person so ceased;
and
(b) if, at the end of the period, the first person has not become again a
dependant of that other person, the first person is taken to have ceased to be a
dependant of the other person at the expiration of that period of 4
weeks.
Definitions
1071A-4 In this Part:
allowable income, in relation to any period of 8 weeks,
means:
(a) in relation to a person who had a dependant or dependants on the last
day of the period—the amount worked out by multiplying by 8, or such other
number as is prescribed, the aggregate of:
(i) the amount of the weekly rate of income that would, on the last day of
the period, be sufficient to prevent both members of a one-income couple from
receiving newstart allowance; and
(ii) $20, or such other amount as is prescribed; and
(iii) an amount worked out by multiplying $34, or such higher amount as is
prescribed, by the number of the dependants of the person on the last day of the
period; or
(b) in relation to a person who had no dependants on the last day of the
period—the amount worked out by multiplying by 8, or such other number as
is prescribed, an amount equal to 60%, or such other percentage as is
prescribed, of the aggregate of the amount worked out under
subparagraph (a)(i) and the amount referred to in subparagraph (a)(ii)
if paragraph (a) had applied to the person.
ascertained income, in relation to a period, means:
(a) in relation to a person who is not a member of a couple—the
income of the person in respect of that period; and
(b) in relation to a person who is a member of a couple—the income
of the person and his or her partner in respect of that period.
exceptional circumstances relief payment means exceptional
circumstances relief payment under the Farm Household Support Act
1992.
farm help income support means farm help income support under
the Farm Household Support Act 1992.
income, in relation to a person, means ordinary income and,
to the extent that they are not ordinary income, includes:
(a) if the person is receiving a social security pension or
benefit—the person’s maintenance income (if any) within the meaning
of the Family Assistance Act; and
(b) payments of a pension under the Veterans’ Entitlements Act;
and
(c) payments of a pension payable by a foreign country, being a pension
that, in the opinion of the Secretary, is similar in character to a pension
referred to in paragraph (b); and
(d) payments under the scheme known as the New Enterprise Incentive
Scheme; and
(e) payments of compensation.
1071A-5 If a weekly rate of income referred to in subparagraph (a)(i)
of the definition of allowable income in point 1071A-4 or an
amount worked out under paragraph (b) of that definition includes an amount
of cents, the amount of that weekly rate is, for the purposes of that
definition, increased to the nearest whole dollar.
1071A-6 A couple is a one-income couple for the purposes of
point 1071A-4 if only one member of the couple is receiving income.
9 At the end of
Part 3.17
Add:
(1) If, in relation to a day:
(a) a person is qualified for a social security pension or benefit;
and
(b) the pension or benefit rate in relation to that day would be
nil;
then, for the purposes of Part 2A.1, the person is not to be taken to
be receiving the pension or benefit on that day.
(2) The circumstance that a person is qualified for a social security
pension or benefit in relation to a day is not to be taken into account for the
purpose of determining the qualification of the person for a concession card if
the pension or benefit is not payable to the person in relation to that
day.
Social Security
(Administration) Act 1999
10 Section 11
After “Subject to”, insert “subsection (2)
and”.
11 At the end of
section 11
Add:
(2) Subsection (1) does not apply to a concession card for which a
person is qualified under Division 1 of Part 2A.1 of the 1991 Act or
under Subdivision A of Division 3 of that Part.
12 At the end of
section 37
Add:
(9) A determination under subsection (8) granting a claim for a
seniors health card:
(a) must specify the period at the end of which the determination ceases
to have effect; and
(b) unless it has already been cancelled, ceases to have effect at the end
of that period.
(10) A determination under subsection (8) granting a claim for a
health care card under Subdivision B of Division 3 of Part 2A.1 of the
1991 Act:
(a) must specify the period at the end of which the determination ceases
to have effect; and
(b) unless it has already been cancelled, ceases to have effect at the end
of that period.
(11) The Minister may determine the periods that are to be specified in
determinations for the purposes of subsections (9) and (10).
(12) A determination under subsection (11):
(a) must be in writing; and
(b) is a disallowable instrument.
13 After section 37
Insert:
(1) A seniors health card expires at the end of the period specified, for
the purposes of subsection 37(9), in the determination granting the claim for
the card.
(2) A health care card granted to a person qualified for the card under
Subdivision B of Division 3 of Part 2A.1 of the 1991 Act expires at
the end of the period specified, for the purposes of subsection 37(10), in the
determination granting the claim for the card.
(3) A person to whom a concession card referred to in subsection (1)
or (2) has been granted may make a claim for a further concession card before
the first-mentioned card expires.
14 At the end of
section 41
Add:
(2) Unless another provision of the social security law provides
otherwise, a concession card takes effect on the person’s start day in
relation to the card.
15 At the end of Subdivision B of
Division 8 of Part 3
Add:
If a person who is the holder of a concession card ceases, otherwise
than by virtue of section 104 or 105, to be qualified for the card, the
card is cancelled by force of this section on the day on which the person ceases
to be so qualified.
16 At the end of Division 8 of
Part 3
Add:
(1) Subject to subsection (3), if:
(a) a section 1061ZA pensioner concession card or a listed automatic
issue health care card has been granted to a person; and
(b) in order to be qualified for the card, the person must be receiving,
or be qualified for, a particular social security pension or benefit;
and
(c) the pension or benefit is cancelled;
the section 1061ZA pensioner concession card or listed automatic issue
health care card, as the case may be, is, by force of this section,
cancelled.
(2) If:
(a) a health care card has been granted to a person; and
(b) the person was qualified for the card under subsection 1061ZK(4) of
the 1991 Act; and
(c) the person ceases to be qualified under that subsection;
the health care card is, by force of this section, cancelled.
(3) Subsection (1) does not have effect in a case in which the
Secretary determines in writing that he or she is satisfied that the person
concerned is likely to be granted a social security pension or benefit before it
is reasonably practicable to take steps to give effect to the cancellation of
the card.
(4) In this section:
listed automatic issue health care card means an automatic
issue health care card that is granted:
(a) to a person who receives one of the following social security
payments:
(i) widow allowance;
(ii) newstart allowance;
(iii) sickness allowance;
(iv) special benefit;
(v) partner allowance;
(vi) benefit PP (partnered); or
(b) to a person who is receiving youth allowance and who, at the time when
a determination was made to grant the person the youth allowance, was not
undertaking full-time study; or
(c) to a person who is receiving exceptional circumstances relief payment
or farm help income support under the Farm Household Support Act
1992.
section 1061ZA pensioner concession card means a
pensioner concession card granted to a person who is qualified for the card
under section 1061ZA of the 1991 Act.
17 Paragraph 126(1)(d)
Repeal the paragraph.
18 Paragraph 129(1)(d)
Repeal the paragraph.
19 Paragraph 140(1)(c)
Repeal the paragraph.
20 After section 240
Insert:
(1) A pensioner concession card, a seniors health card or a health care
card must be in a form approved in writing by the Secretary for that
card.
(2) Subject to subsection (3), an approval under subsection (1)
may extend to:
(a) the inclusion on a card of information in a form not capable of being
read except by the use of equipment of a particular kind; and
(b) the specification in a card of a day as the day at the end of which
the card will expire; and
(c) a form of card that is not an actual card carrying visible
information.
(3) In the case of a concession card other than an automatic issue
card:
(a) the card must specify the day at the end of which the card expires;
and
(b) the day to be so specified is the last day of the period specified,
for the purposes of subsection 37(9) or (10), in the determination granting the
card.
(4) Subject to section 240B, a concession card is to include the name
of each person (if any) who is a dependant of the holder of the card.
(5) The specification of a day in a card under paragraph (2)(b) does
not affect the qualification of the person to whom the card is issued for a card
of the same or any other type.
(6) The expiry of a card on a day specified under paragraph (2)(b)
does not affect the qualification of the person to whom the card was issued for
a card of the same or any other type.
(7) A failure to comply with subsection (4) in relation to a
concession card does not alone render the card ineffective for the purposes of
this or any other Act.
(8) In this section:
dependant has the same meaning as in Part 2A.1 of the
1991 Act.
(1) A seniors health card is not to include the name of any person as a
dependant of the holder of the card.
(2) A health care card issued to a person by virtue of subsection
1061ZK(7) of the 1991 Act is not to include the name of any person as a
dependant of the holder of the card.
(3) A health care card is not to include the name of a person (other than
the partner of the holder of the card) as a dependant of the holder of the card
if the person is the holder of a pensioner concession card or a health care
card.
(4) A pensioner concession card or a health care card is not to include
the name of the partner of the holder of the card as a dependant of the holder
of the card unless:
(a) the partner is in Australia and is:
(i) an Australian resident; or
(ii) the holder of a visa included in a class of visas determined by the
Minister for the purposes of this paragraph; or
(iii) a person declared by the Minister to be a person to whom this
subparagraph applies; or
(b) the partner is a New Zealand citizen and the holder of the
card:
(i) is in Australia; and
(ii) is receiving a social security pension or benefit solely because of
the operation of the scheduled international agreement between Australia and New
Zealand.
(5) The Minister may declare that a person who:
(a) is included in a specified class of persons; and
(b) is, or has been, in Australia in specified circumstances;
is a person to whom subparagraph (4)(a)(iii) applies.
(6) The circumstances that may be specified in a declaration under
subsection (5) include circumstances that existed or exist at any time
before or after the making of the declaration.
(7) A declaration under subsection (5):
(a) must be in writing; and
(b) is a disallowable instrument.
(8) In this section:
dependant has the same meaning as in Part 2A.1 of the
1991 Act.
(1) If:
(a) a day is specified in an automatic issue card under paragraph
240A(2)(b); and
(b) on the day following that day, the person who was the holder of the
card remains qualified for the card; and
(c) a further card has not been issued to the person under
subsection (2);
the Secretary must issue a further card to the person.
(2) If:
(a) a day (the expiry day) is specified in an automatic
issue card under paragraph 240A(2)(b); and
(b) the Secretary is satisfied that the person is likely to remain
qualified for the card after the end of the expiry day;
the Secretary may, at any time before the expiry day, issue to the person a
further card to take effect on the day following the expiry day.
21 Subclause 1(1) of Schedule 1 (definition
of concession card)
Repeal the definition, substitute:
concession card means:
(a) a pensioner concession card; or
(b) a health care card; or
(c) a seniors health card.
22 At the end of clause 2 of
Schedule 2
Add:
(4) If:
(a) but for this subclause, a person would have a start day under
Part 2 of this Schedule in relation to a concession card and would also
have a start day under Part 3 of this Schedule in relation to the same
card; and
(b) the start day under Part 3 would be earlier than the start day
under Part 2;
the day worked out under Part 3 is the person’s start day in
relation to the concession card.
23 At the end of clause 3 of
Schedule 2
Add:
(2) A person’s start day in relation to a concession card for which
the person is qualified under:
(a) Division 1 of Part 2A.1 of the 1991 Act; or
(b) Subdivision A of Division 3 of that Part;
is the first day on which the person is qualified for the card.
(3) If:
(a) a person makes a claim for a seniors health card or a health care card
under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act;
and
(b) the person is qualified for the card on the day on which the claim is
made;
the person’s start day in relation to the card is the day on which
the claim is made.
24 At the end of Part 3 of
Schedule 2
Add:
(1) If:
(a) a person makes a claim for a health care card under Subdivision B of
Division 3 of Part 2A.1 of the 1991 Act; and
(b) within the claim period, a professional service has been rendered to,
or hospital treatment has been provided for, the person or a dependant of the
person; and
(c) when the service was rendered or the treatment provided, as the case
may be, the person was qualified for the card; and
(d) the person remained so qualified until the claim was made;
the person’s start day in relation to the health care card
is:
(e) the day on which the professional service was rendered or the hospital
treatment was provided, as the case may be; or
(f) if there were 2 or more such days within the claim period, the earlier
or earliest of those days, as the case may be.
(2) For the purposes of subclause (1), any period earlier than
1 September 1981 that would, but for this subclause, be included in the
claim period in respect of a particular claim is to be disregarded.
(3) In this clause:
claim period means:
(a) the period of 13 weeks ending on the day on which a claim is made;
or
(b) such longer period as the Secretary, having regard to all the
circumstances of the case, approves.
dependant has the same meaning as in Part 2A.1 of the
1991 Act.
hospital treatment has the same meaning as in the Health
Insurance Act 1973.
professional service has the same meaning as in the Health
Insurance Act 1973.
(4) The Secretary must not approve, under subclause (3), a period
that includes a period earlier than 1 September 1981.
25 Saving: existing concession
cards
(1) Where a pensioner concession card or a health care card has been issued
by the Commonwealth before the commencement of this Act and is expressed to
expire at a time after that commencement, the card has effect, and the Social
Security Act 1991, the Health Insurance Act 1973 and the National
Health Act 1953, as amended by this Act, apply in relation to the card,
after that commencement as if:
(a) this Act had been in operation when the card was issued; and
(b) the card had been issued under the Social Security Act 1991, as
amended by this Act.
(2) A seniors health card issued under the Social Security Act 1991,
as in force immediately before the commencement of this Act, has the same effect
after that commencement as it would have had if:
(a) this Act had been in operation when the card was issued; and
(b) the card had been issued under the Social Security Act 1991, as
amended by this Act.
(3) For the purposes of subitem (2), anything done under, or for the
purposes of, the Social Security Act 1991, as in force before the
commencement of this Act, in relation to a seniors health card or the holder of
such a card continues to have effect, after that commencement, as if:
(a) when it was done, this Act had been in force; and
(b) it had been done under, or for the purposes of, the Social Security
Act 1991, as amended by this Act.
1 Subsection 3(1) (definition of
dependant)
Repeal the definition.
2 Subsection 3(1AAA)
Repeal the subsection.
3 Sections 4C to 5J
Repeal the sections.
4 Sections 130A, 130B, 130E and
130F
Repeal the sections.
5 Subsection 130G(2)
Omit “disadvantaged persons”, substitute “entitlement to
benefits or payments under this Act”.
6 Sections 130H and
130J
Repeal the sections.
7 Subsection 4(1) (definition of Commonwealth
allowance)
Repeal the definition.
8 Subsection 4(1) (definition of
dependant, in relation to a pensioner)
Repeal the definition.
9 Subsection 4(1) (definition of
pensioner)
Repeal the definition.
10 Subsection 4(1) (definition of social
security beneficiary)
Repeal the definition.
11 Subsection 4(1AAB)
Repeal the subsection.
12 Sections 4AAA and
4AAAB
Repeal the sections.
13 Subsection 84(1) (definition of
concessional beneficiary)
Repeal the definition, substitute:
concessional beneficiary means:
(a) a person who is the holder of a pensioner concession card, a seniors
health card or a health care card under the Social Security Act 1991;
or
(b) a person (other than the holder of the card) whose name is included in
a card referred to in paragraph (a); or
(c) a person:
(i) who is an Australian resident within the meaning of the Health
Insurance Act 1973; and
(ii) to whom, or in respect of whom, there is being paid a service pension
under Part III, or income support supplement under Part IIIA, of the
Veterans’ Entitlements Act 1986; or
(d) a person who is:
(i) an Australian resident within the meaning of the Health Insurance
Act 1973; and
(ii) eligible, under subsection 86(1), (2) or (3) of the
Veterans’ Entitlements Act 1986, to be provided with treatment
under Part V of the last-mentioned Act; or
(e) a person who is:
(i) an Australian resident within the meaning of the Health Insurance
Act 1973; and
(ii) the holder of a seniors health card within the meaning of the
Veterans’ Entitlements Act 1986.
14 Subsection 84(1) (definition of
concessional benefit prescription)
Omit “or of a dependant of a concessional beneficiary”,
substitute “or of a person who, in relation to the concessional
beneficiary, is a dependant within the meaning of subsection (4) or
(7)”.
15 Subsection 84(1) (definition of
dependant)
Omit “, (5), (6)”.
16 Subsection 84(3B)
Repeal the subsection.
17 Subsection 84(4)
Omit “paragraph (a) or (b)”, substitute
“paragraph (c) or (d)”.
18 Subsection 84(4)
Omit “both an eligible person”, substitute “an Australian
resident”.
19 Subparagraph
84(4)(c)(iii)
Repeal the subparagraph, substitute:
(iii) is not being paid a disability support pension under the Social
Security Act 1991; and
20 Subsections 84(5) and
(6)
Repeal the subsections.
21 Paragraph 84(7)(a)
Omit “paragraph (ad)”, substitute
“paragraph (e)”.
22 Subsection 84(7) (note)
Omit “paragraph (ad)”, substitute
“paragraph (e)”.
23 Subsection 84AA(1)
Omit “or a dependant of a concessional beneficiary” (first
occurring), substitute “or a person who, in relation to a concessional
beneficiary, is a dependant of the beneficiary within the meaning of subsection
84(4) or (7)”.
24 Subsection 84AA(1)
Omit “a concessional beneficiary or a dependant of a concessional
beneficiary” (second occurring), substitute “such a concessional
beneficiary or dependant”.
25 Subsection 84AA(2)
Omit “or a dependant of a concessional beneficiary” (first
occurring), substitute “or a person who, in relation to a concessional
beneficiary, is a dependant of the beneficiary within the meaning of subsection
84(4) or (7)”.
26 Subsection 84AA(2)
Omit “a concessional beneficiary or a dependant of a concessional
beneficiary” (second occurring), substitute “such a concessional
beneficiary or dependant”.
27 Subparagraph
84BA(3)(b)(i)
Omit “and their dependants”, substitute “and persons who,
in relation to concessional beneficiaries, are dependants within the meaning of
subsection 84(4) or (7)”.
28 Paragraph 87(3A)(e)
Repeal the paragraph, substitute:
(e) a person who is a dependant of a concessional beneficiary within the
meaning of subsection 84(4) or (7); or
29 Paragraph 87(3B)(e)
Repeal the paragraph, substitute:
(e) a person who is a dependant of a concessional beneficiary within the
meaning of subsection 84(4) or (7); or
30 Subparagraph
87A(1)(a)(iii)
Repeal the subparagraph, substitute:
(iii) a person who is a dependant of a concessional beneficiary within the
meaning of subsection 84(4) or (7);
31 Subparagraph
99AA(1)(c)(v)
Repeal the subparagraph, substitute:
(v) a person who was a dependant of a concessional beneficiary within the
meaning of subsection 84(4) or (7);
32 After section 139B
Insert:
In spite of sections 202 to 210 of the Social Security
(Administration) Act 1999, the Secretary of the Department of Family and
Community Services or an officer authorised by him or her for the purpose may
communicate to the Secretary of the Department of Health and Aged Care or an
officer authorised by him or her any information with respect to the operation
of Part 2A.1 of the Social Security Act 1991.
33 Saving: persons subject to newly arrived low
income resident’s waiting periods
If, immediately before 1 February 2000, a person was subject to a
newly arrived disadvantaged low income resident’s waiting period, the
Health Insurance Act 1973, as in force immediately before 1 February
2000, continues to apply to the person in relation to the waiting period as if
the amendments made to that Act by this Act had not been made.